Partnership contract with undefined
OTHER TERMS APPLICABLE TO THE EXHIBITOR
Indemnification: To the extent permitted by law,
the Exhibitor agrees to protect, indemnify,
defend (with the assistance of legal counsel judged
satisfactory to Atlas), and to hold Atlas harmless, the
responsible for the place where the event is held, the city,
as well as their respective owners,
directors, officers, members, employees,
affiliates, service providers, agents and
representatives, as the case may be, against any claim,
action, demand, damages, liability or
expense of any kind whatsoever, including, without
limitation, judgments, interest and costs
reasonable attorneys' fees and all other costs and
charges related to or resulting from a) the use by the Exhibitor
event facilities or related services
the event; b) failure by the Exhibitor to comply with the
this Agreement or any applicable legal obligation;
c) the failure or alleged failure of the Exhibitor to obtain
the necessary licenses for a third party to produce or
perform musical works or other works during
of the event; d) the direct or indirect violation by
the Exhibitor of any copyright, trademark
or other intellectual property right, publicity or
confidentiality of any third party in relation to the
activities of the Exhibitor during the event or any
public relations, promotional or other material
provided by or on behalf of Exhibitor; and e) any
claim for property damage or bodily injury, including
death, caused by or attributed in whole or in part to
an act or default, through negligence or
otherwise, on the part of the Exhibitor, its products or
of any of its directors, officers, employees,
agents, representatives, invitees or invitees, except in the
to the extent that they are due solely to negligence or
willful misconduct of Atlas or its owners,
directors, officers, employees, representatives and
Insurance: The Exhibitor assumes full responsibility
of its products, its equipment, its displays
and its staff. To be able to exhibit there, the Exhibitor
undertakes, at its own expense, to take out insurance
sufficient to protect and indemnify Atlas and its
affiliates, its service providers and
facilities of the event of any complaint,
arising from the presence or activities of the Exhibitor
at the event.
Limitation of liability: THE EXHIBITOR ASSUMES
EXPRESSLY ALL RESPONSIBILITIES,
RESPONSIBILITIES AND RISKS ASSOCIATED WITH, IN
RESULTING OR AS A RESULT OF THE
PARTICIPATION OR PRESENCE OF
THE EXHIBITOR AT THE EVENT, INCLUDING WITHOUT
LIMITATION, ALL RISK OF THEFT,
DAMAGE, INJURY TO ANY PERSON OR
OF MATERIAL DAMAGE, ITS OWN PROPERTY
OR THE PROPERTY OF OTHERS,
ACTIVITIES OR PROFITS OF THE EXHIBITOR,
WHETHER CAUSED BY NEGLIGENCE,
BY ACCIDENT OR OTHERWISE, DURING OR
AFTER THE PERIOD COVERED HEREIN
IN NO EVENT ATLAS, SUBCONTRACTORS
D’ATLAS, THE MANAGERS OF THE PLACES WHERE
HOLDS THE EVENT OR THE CITY, NOR THEIR
RESPECTIVE OWNER, DIRECTORS,
AGENTS, EMPLOYEES, AGENTS AND
REPRESENTATIVES CANNOT BE HELD
RESPONSIBLE FOR ANY DIRECT DAMAGES OR
INDIRECT, OF ANY NATURE WHATSOEVER
ARISING FROM THE ACTIONS OF THE EXHIBITOR.
Atlas makes no representations and gives no
warranty, express or implied, to the Exhibitor with respect to
concerns the inventory of fixtures at the time of the event or the
services provided by those responsible for the place of
the event, nor the success of the Exhibitor's efforts to
which booth space will be used or the number of
event attendees or demographic nature
of these participants.
THE EXHIBITOR ACKNOWLEDGES AND ACCEPTS
EXPRESSLY THAT, WITHIN THE LIMITS
PROVIDED BY APPLICABLE LAW, THE
ATLAS RESPONSIBILITY FOR
THE EXHIBITOR ARISING FROM THE TERMS OF THE
THIS AGREEMENT AND USE OR NOT
USE OF KIOSK SPACE BY
THE EXHIBITOR AT THE EVENT WILL BE LIMITED TO
REIMBURSEMENT OF ALL OR PART OF
PROPORTIONAL PART OF ANY PAYMENT
FEES ALREADY COLLECTED BY ATLAS AND PAID BY
Photographs and recordings: From time to time,
photographs or video recordings
(collectively, the "Recordings") may be
performed at the event site. Those
Recordings may include images of
the Exhibitor, its employees, its agents, its
representatives, as well as goods and
related displays. Exhibitors cannot
in any way hinder or interfere with these Recordings,
whether by Atlas, its agents, participants or
other exhibitors. By signing this Agreement,
the Exhibitor, in its own name and in the name of its
principals, employees, officers, directors, agents and
agents, authorizes and authorizes Atlas to use the names
trademarks, trade names, logos and portraits of
the Exhibitor and of the directors, employees, officers, directors, agents, representatives
and spokespersons for the Exhibitor taking part in
the event or any associated event and described in
any of the Recordings for commercial purposes, including
including, without limitation, to advertise, promote and
market the event.
This Agreement does not have the effect of creating a
partnership, an employer-employee relationship, a
joint venture or agency agreement between Atlas and
the Exhibitor and cannot be considered as such.
The Exhibitor acknowledges and accepts that Atlas reserves the
right to modify, increase or reduce the hours, the
number of days, dates, place where the name of
The terms below normally associated with exhibiting partners apply to the Sponsor for the "exhibitor" portion of the sponsorship agreement, adapting as necessary and acknowledging the prevalence of the terms of the main sponsorship agreement, should any contradiction.
Full information about the event will be communicated to the exhibitor through the Atlas 2022 Exhibitor Guide found on the Atlas Games app available on Google Play and App store, a few weeks before the event. Exhibitor agrees to carefully read and abide by the terms set forth in this guide. Here is some preliminary information.
ATLAS PROJECT (8348235 CANADA INC.) company
legally incorporated under the Canada Act
joint-stock companies, having their registered office at 238 rue
Richelieu, Saint-Jean-sur-Richelieu, province of Quebec,
J3B 6X8, duly represented by Alexis LeBlanc-Bazinet,
shareholder and director;
hereinafter referred to as "Atlas"
undefined a company legally incorporated under the Joint Stock Companies Act, having its registered office at undefinedduly represented byundefined; for the purposes hereof, undefinedacts as an agent for the promotion of the brand and productsGowod;
hereinafter referred to as the "Sponsor"
SPONSORSHIP AGREEMENT WITH undefined »
INTERVENED in the city of Montreal, the 3/21/2023
1. The purpose of this Agreement is to establish the terms and conditions of a sponsorship agreement between the Parties.
2. Sponsor hereby agrees to provide Atlas with sponsorship in the form of financial compensation and the provision of services, materials or products, all on the terms and conditions set forth in this Agreement.
3. Atlas hereby agrees to provide visibility rights to Sponsor to promote its products and services at the Atlas games 2022 event to be held in Montreal from June 10-12, 2020 (hereinafter the " Event") as well as on the occasion of the promotional efforts leading up to the Event ("Pre-Event Communications"), all under the terms and conditions described in this Agreement.
4. Sponsor acknowledges that Atlas has designed the Event sponsorship rights to accommodate the following types of partners, in descending order of visibility:
5. Atlas hereby grants Sponsor the rights associated with the SERVICE PARTNER type, the primary rights of which are listed below.
a) The Sponsor has a right of visibility as determined by the organizers of Atlas, according to the hierarchy of sponsorship presented above, and this, during the Communications pre-Event and during the Event. A non-exhaustive list of visibility opportunities can be found in Appendix – Service Partner.
b) If the sponsor is a Major Partner, the Sponsor has an exclusive right of visibility in its category within the group of Major Partners. This exclusivity of visibility does not extend to exhibitors, who may represent goods and services of the same category as the Sponsor.
COUNTERPARTY TO ATLAS
6. In consideration of Atlas' services, the Sponsor agrees to the following:
a) Provide Atlas with consideration in goods and services as further described in the Schedule for Service Partners and Certain Major Partners - Services Provided Schedule
b) Any consideration or contribution to the Event as described in the Appendix – Contribution Appendix
7. Sponsor shall support and provide Atlas with all logos and other relevant visuals, including images and videos, for the purposes of Pre-Event Communications as well as the Event. Failing this, Atlas will use the Sponsor's logo, which it may obtain free of charge by other means. Atlas will cover the printing and installation costs
of the Sponsor’s brand image on the competition floor.
8. The Sponsor agrees to obtain and maintain for the entire term liability insurance in the minimum value of one (1) million dollars. Proof of insurance shall be sent to Atlas upon execution of this Agreement.
9. The Sponsor shall use the space allocated to it solely for the purpose of promoting its brand, products or services.
10. Contribute to promoting, on its social media, visibility for the Event, on a regular and continuous basis.
11. The Sponsor undertakes to comply with the obligations mentioned in the following annexes, if applicable: 1) the Annex services provided, Annex contribution, including any obligation specific to it; and 2) Annex – Exhibitor Booth.
12. During Pre-Event and Event Communications, Atlas undertakes to ensure that it respects and enforces, to the best of its abilities and circumstances, the sponsorship hierarchy previously mentioned in paragraph 5 as well as the exclusivities granted .
13. In consideration of Sponsor's performance, Atlas agrees to:
a) Organize the Event in such a way as to allow visibility and attendance comparable to previous years' editions;
b) Create and maintain a website to provide constant visibility for the purposes of the Event and Pre-Event Communications; and
c) Generate publications on a regular and continuous basis on social media as well as a newsletter in order to publicize the Event and allow visibility to the Sponsor.
14. Atlas undertakes to comply with the obligations set out in the Annex - services included, including any obligation incumbent on it in the portion specific to the Sponsor.
EFFECTIVE DATE AND DURATION
15. The effective date of this Agreement is the date indicated in the title of this page and/or the electronic signature of this contract. The sponsorship period covered by this Agreement will begin on the first Pre-Event Communications and will end the day following the Event, unless validly terminated earlier.
GENERAL PROVISIONS AND COMMITMENTS
16. The Sponsor grants Atlas, as well as all third party partners of Atlas, a license to use its name and likeness for the promotion and publicity made in connection with the Event, including any further dissemination by any communication channel whatsoever, without any specific consideration.
17. Atlas grants Sponsor a license to use its name and likeness for the promotion and advertising of Sponsor's products and services.
18. The Parties agree to keep the terms of this Agreement confidential at all times.
19. Sponsor agrees not to sell, transfer, assign or otherwise dispose, directly or indirectly, of any right or privilege granted hereunder without the prior written consent of Atlas.
20. This Agreement may be terminated immediately by either Party upon notice to the other party:
(a) in cases of voluntary liquidation, dissolution, liquidation, bankruptcy or insolvency of the other party;
(b) if any attachment or other proceeding for attachment or execution of judgment becomes enforceable against any material asset of the other Party so as to impair that Party's ability to perform its obligations under hereunder; Where
(c) if the other Party is in default of performing one or more of its obligations under this Agreement and has not cured such default within ten (10) days of receipt of notice to this effect, including failure to pay full monetary consideration as set forth in paragraph 6.a).
21. In the event that either Party is prevented or delayed in the performance of one of its obligations for a reason of force majeure, the Party thus prevented or delayed shall not incur any liability as a result of this default. and may temporarily suspend or adjust the performance of its obligations, but it must make reasonable efforts in
agreement with sound business practices to correct this defect. If a Party is prevented or delayed in performing its obligations due to force majeure for more than two (2) weeks, the other Party is free to terminate this Agreement. This termination takes effect from the first day of the impediment or delay in
the Party affected by the force majeure. For the purposes of this Agreement, "force majeure" means events beyond the control of a Party, which could not be foreseen and which cannot be resisted, including acts of God (including but not limited to earthquakes land), labor disputes such as strikes and lockouts, certain acts of public authorities (including any regulations under the COVID-19 pandemic) and delays or failures caused by carriers, riots and acts of war.
22. Each Party hereto is an independent contractor and has no authority or right to make commitments of any kind in the name or on behalf of the other Party.
23. Any notice required hereunder shall be sufficient if it is in writing and sent by a mode of communication which permits the sending party to prove that such notice was actually delivered to the receiving party at the address given. at the beginning of the Agreement or at such other address as it may make known to the other Party.
24. In the event that any provision of this Agreement is found to be illegal or otherwise unenforceable under any law or regulation with immediate or retroactive effect, such illegality or unenforceability shall not affect the validity of the other provisions of this Agreement.
25. This Agreement, including its schedules, contains the entire understanding of the Parties with respect to the contents hereof and supersedes all prior agreements or understandings, written or oral, express or implied, between the parties with respect to the contents hereof.
26. This Agreement is governed by the laws applicable in the territory of the province of Quebec. The parties agree and agree for the purposes hereof to submit exclusively to the jurisdiction of the competent courts of the district of Montreal.
Representative duly authorized byundefinedfor brand and product promotion «Gowod» (the sponsor)
ATLAS PROJECT (8348235 CANADA INC.) (Atlas)