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SPONSOR AGREEMENT
This Agreement is by and between The Ohio State University
(hereinafter, the “Licensor”)
, with offices at 1100 Kinnear Road, Suite 210, Columbus, Ohio 43212 and the undersigned individual or entity
(“Sponsor”)
I. sponsorship
The Sponsor intends to participate in the
Brutus On Parade
event
(hereinafter, the “Parade”)
by sponsoring
(hereinafter, the “Sponsorship”)
the commission of an designer to design and develop a two-dimensional rendition of Brutus Buckeye
(hereinafter, the “Artwork”)
and to apply the Artwork to the three-dimensional Brutus Buckeye mold
(hereinafter, the “Sculpture”)
. Sponsorship shall be according to the terms and conditions of this Agreement.
II. ADVERTISING AND PROMOTION
Sponsor hereby grants to the Licensor, for the duration of the Parade, the right to use Sponsor’s name and trademarks in all publicity, advertising and marketing, in all media forms. Sponsor shall have its name engraved on a nameplate which will accompany the sponsored Sculpture. This nameplate will, in addition to Sponsor’s name, state the designer’s name, the designer’s hometown and the title of the Sculpture.
III. PAYMENT
Sponsor shall elect the level of Sponsorship by checking the appropriate box below. Sponsor shall, within thirty
(30)
days of the execution of this Agreement, make payment to the Licensor.
Please check the level of Sponsorship selected:
LEVEL I
The Sponsor shall pay
Ten Thousand Dollars
($10,000)
to the Licensor for the right to choose from a set of preselected and preapproved Artwork or to submit its own designer and Artwork, however, the designer and Artwork are subject to the designer Agreement, and the Artwork must be approved by the Licensor. The Sponsor does not receive any ownership rights in or to the completed Sculpture or any reproduction or derivative thereof at the end of the Parade.
LEVEL II
The Sponsor shall pay
Fifteen Thousand Dollars
($15,000)
to the Licensor for the same rights described in Paragraph 3
(a)
above, but with the addition of the right to place the completed Sculpture on the Sponsor’s own premises or at another location of the Sponsor’s choice, subject to approval of the Licensor.
LEVEL III
The Sponsor shall pay
Twenty Thousand Dollars
($20,000)
to the Licensor for the same rights described in both Paragraphs 3
(a)
and 3
(b)
above, but with the additional right to receive and retain ownership of the Sculpture at the end of the Parade. However, the Artwork and any intellectual property rights of the Artwork or Sculpture are retained by the Licensor and not transferred to the Sponsor.
Sponsorship funds shall be submitted to:
The Ohio State University
1100 Kinnear Road
Suite 210
Columbus, Ohio 43212
Submission of the sponsorship funds to the Licensor signifies the Sponsor’s consent to the terms and conditions of this Agreement. Upon the Licensor’s receipt of the sponsorship funds, the funds shall immediately become the sole property of the Licensor and the Sponsor has no right to terminate or receive a refund of the funds for any reason. Sponsor may withdraw the right to the use of its name or trademarks, but such withdrawal will not create a right of refund or repayment of sponsorship funds.
IV. AUCTION
At the end of the Parade, the Sculptures that are not purchased by a Sponsor pursuant to Paragraph 3
(c)
above may be auctioned to the general public by the Licensor. Any member of the public, including the Sponsor, has the opportunity during the auction to bid on each Sculpture. Purchase of the Sculpture will not transfer any intellectual property rights to the purchaser; such purchase only transfers the physical work. The Licensor retains all intellectual property rights attributable to the Artwork and Sculpture. All purchasers shall be required to execute the standard Parade Bill of Sale, which is non-negotiable.
V. DELIVERY
At the end of the public display of the Sculptures, all Sculptures shall be moved and centrally located by the Licensor
(hereinafter, the “Holding Location”)
. If Sponsor purchases a Sculpture at auction, Sponsor shall be responsible to arrange for shipment from the Holding Location to the desired location of the Sponsor. Sponsor shall assume all costs associated with the transfer and shipment of the Sculpture from, and shall assume all risk of loss for the Sculpture once the Sculpture leaves, the Holding Location. Sponsor has thirty
(30)
days from receipt of notice that the Sculpture is available for retrieval to arrange for and ship the Sculpture from the Holding Location. If Sculpture is not removed from the Holding Location by Sponsor or agent for Sponsor within thirty
(30)
days from the notification, Sponsor hereby releases and foregoes all rights in and to the Sculpture and expressly permits the Licensor to include the Sculpture in a general public auction or in a private sale without Sponsor having any recourse against the purchaser or Licensor.
VI. RISK OF LOSS
If Sponsor exercises its option to purchase the Sculpture and for what ever reason the Licensor is unable to tender the Sculpture to the Sponsor at the end of the public display period, the sole remedy the Sponsor has is a refund of the purchase price. Sponsor acknowledges that the Sculptures shall be on public display and therefore subject to wear and tear, the weather, elements and vandalism and as such, the Sculpture may not be delivered to Sponsor in original condition. Licensor may, but is not obligated to, conduct limited or full rehabilitation of the Sculpture. Any rehabilitation attempts shall be at the sole discretion and under the supervision of the Licensor.
VII. QUESTIONS
All questions regarding sponsorship should be addressed to the Project Manager for this Agreement via email at
info@brutusonparade.com
. J. Mosier Enterprises, Inc., dba Sports Fan, has been designated by the Licensor as the Project Manager for this Agreement.
VIII. GENERAL
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Exclusive jurisdiction for the litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be solely within the federal or state court with competent jurisdiction. This Agreement, including any schedules or exhibits attached hereto or incorporated herein constitute the entire agreement between the parties with respect to the matter hereof and supercedes all previous proposals, both oral or written, the negotiations, representations, commitments, writings and all other communications between the parties.
IN WITNESS WHEREOF
, the parties hereto have executed this Agreement as of the last date set forth below.
sponsor
NAME:
DATE:
Monday, October 6th, 2008
licensor
NAME:
The Ohio State University
DATE:
Monday, October 6th, 2008
I ACCEPT THIS AGREEMENT
By checking this box and clicking the "I Accept" button, you fully understand & accept all terms listed in the above agreement. This form places you in commitment with the Licensor to fulfill and complete all sponsor responsibilities & obligations.
YOUR CONTACT INFORMATION
NAME:
COMPANY:
ADDRESS:
CITY:
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