TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”). a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location. b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund. c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider. d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public. e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Auburn University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Auburn home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of North Carolina at Charlotte sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Charlotte home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn Michigan State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn Michigan State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University Atlanta United sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university partner restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Stanford home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn North Carolina State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn NC State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Missouri sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Auburn home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Big 12 Network or other Penn State Baylor University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university Baylor University restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State Baylor University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed ob- served and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Xxxxxxx Xxxxx University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State Xxxxxxx Young University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Purdue University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Purdue home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Pac-12 Network or other Penn State University USC sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University USC home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University Florida/Georgia sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Auburn University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Auburn home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, or other Penn State University Stanford sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Stanford home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State Wake Forest University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Wake Forest home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Georgia Tech
b. University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. c. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Georgia Tech home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University Houston Texans sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university partner restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Houston Texans home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, or other Penn State Xxxxxxx Xxxxx University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University BYU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, PAC 12 NETWORK or other Penn State Stanford University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Stanford home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of Oklahoma sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Oklahoma home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of Pittsburgh sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University of Pittsburgh home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Florida sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Florida home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. . TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Monday Night Football or other Penn State University Buffalo Bills sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. . TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university partner restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. . The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University partner’s home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Big Ten Network or other Penn State University of Michigan sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Michigan home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Georgia Tech events b. University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. c. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
. d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Georgia Tech home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University of North Carolina sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University UNC home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University United States Military Academy sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University United States Military Academy home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Florida sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Florida home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Mountain West Network or other Penn State University Air Force Academy sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Air Force Academy home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University Virginia Tech sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Virginia Tech home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, PAC-12 Network or other Penn State University of Utah sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Utah home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University of Louisville sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Louisville home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University Air Force Academy sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Air Force Academy home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn Florida State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University FSU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn NC State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn NC State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Kentucky sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Kentucky home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Pac 12 Network or other Penn Arizona State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn Arizona State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”), for the FL-GA Game.
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university city restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University home gamesscheduling, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package)game.
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Purdue University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Purdue home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Vanderbilt University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Vanderbilt home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Vanderbilt University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Vanderbilt home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Texas A&M University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Texas A&M home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State Auburn University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Auburn home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Big 12 Network or other Penn State University of Texas sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University of Texas home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, or other Penn State University of Miami sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Miami home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University Atlanta Falcons sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Falcons home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed ob- served and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Pac 12 Network or other Penn Arizona State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location. TAILGATE GUYS will communicate CLIENT's "Site" no later than the Monday of the week of the game reserved.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder hereunder, if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if given that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for of the invoice/reservation to that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University ASU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of Central Florida sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University FSU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State Texas Christian University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University TCU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Missouri sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Missouri home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University of Pittsburgh sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University of Pittsburgh home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University USC sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University USC home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Mountain West Network or other Penn Colorado State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn Colorado State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Oklahoma sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Oklahoma home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University Virginia Tech sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Virginia Tech home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of South Florida sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University of South Florida home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed ob- served and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn Florida State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location. TAILGATE GUYS will communicate CLIENT's "Site" no later than the Monday of the week of the game reserved.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder hereunder, if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if given that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for of the invoice/reservation to that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University FSU home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Big Ten Network or other Penn Michigan State University sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn Michigan State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University of North Carolina sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University UNC home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, Big Ten Network, or other Penn State University of Maryland sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Maryland home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of South Florida sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University USF home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed ob- served and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Monday Night Football or other Penn State University Buffalo Bills sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university partner restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University partner’s home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed ob- served and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- tear-down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, SEC Network or other Penn State University of Alabama sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day Day, ACC Network or other Penn State University of Miami sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Miami home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”).
a. TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Game Day or other Penn State University of Michigan sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location.
b. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or university restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate Site site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle CLIENT to a refund.
c. CLIENT is not entitled to a refund for its tailgate package or related tailgate services (e.g. media packages), excluding catering or beverage service, due to any failure of caterer or beverage service provider.
d. The Tailgating Services provided by TAILGATE GUYS pursuant to this Agreement may, at the option of CLIENT and subject to availability, include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). CLIENT acknowledges and agrees that TAILGATE GUYS has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. For single game Media Packages, If CLIENT wishes to cancel its Media Package as a result of changes in broadcast scheduling to not include Penn State University Michigan home games, then CLIENT must inform TAILGATE GUYS of this decision in writing no later than 5:00 p.m. on the date which is three calendar days prior to the date on which Tailgate Services for the particular home game are to be provided. If notice of cancellation of the Media Package is received in the manner provided, then CLIENT will not be charged for said component of the Tailgate Services. In the event of services issues resulting from setup or technical matters not covered in the aforementioned terms of this paragraph, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on TAILGATE GUYS’s current, standard rates for similar service as sold separately to the general public.
e. d. Except as provided herein, the CLIENT will not be entitled to a refund of the cost of a Media Package that is cancelled less than 21 days prior to the date of the game (for a single game media package) or 21 days prior to the start of the season (for a full season media package).
Appears in 1 contract
Samples: Tailgate Site and Services Agreement