Host Agreement
This agreement is between Youth Transition Network, Inc., an Arizona not-for-profit corporation having a principal place of business at 4757 E. Greenway Rd., Suite 107B, PMB 212, Phoenix, AZ 85032 (“YTN”) and _____________________ (name of entity)
___________________________________________________, a(n)
_______________________________________________________
(state of formation and type of entity)
having a principal place of business at
__________________________________________________ (“Host”).
RECITALS
A. YTN is organizing and promoting a web-based broadcast entitled SUCCEED 2010, February 27 and March 1, to educate high school Students and their Parents on how to prepare for the freedom and responsibility associated with entering college. YTN has created a website and promotional materials to support the program.
B. The Host is a Christian-based organization interested in providing a physical location to receive the Program (“the Host Location”) and promoting the Program.
Therefore, for the promises herein, the parties agree:
1. Definitions. As used herein:
a. “Application” means Host’s submission of information at www.ytn.org. to apply to become a Host.
b. “Community Students” means those high school students who are from the geographical area of the Host but who are not members or otherwise directly affiliated with the Host.
c. “Host Location” means the physical location provided by the Host where the Program will be displayed.
d. “Member Students” means those high school students who are members or otherwise directly affiliated with the Host.
e. “Families” means parents or guardians of each Student that has registered for the Program through YTN.
f. “Program” means web-based broadcast entitled Succeed 2010 February 27th and March 1.
g. “Program Materials” means promotional materials to promote the Program, including but not limited to digital pamphlets and template letters for youth leaders, church leaders, parents, Christian school leaders and students, as well as certain portions of a website at www.ytn.org.
h. “Registration” means a Student’s or Families submission of information at www.ytn.org to sign-up to attend the Program.
i. “Students” means Member Students and Community Students, collectively.
2. License
a. License to Show the Program. YTN grants to the Host a limited, non-exclusive right to display the Program at the Host Location via webcast, to Students and Parents who have registered through YTN.
Please Select one:
live, on February 27, 2010
as rebroadcast, on March 1, 2010
b. License to Use the Program Materials. YTN grants to the Host a limited, non-exclusive right to copy and distribute in all media the Program Materials to promote the Program. YTN grants to the Host a limited license to modify the Program Materials, provided the modifications retain the accuracy, purpose and spirit of the Program Materials.
c. All other rights are expressly reserved by YTN.
d. The Host acknowledges that YTN has obtained from third parties certain rights to display the Program and to use the Program Materials. These rights are limited and therefore the Host may be in violation of YTN’s and third parties’ rights if the Program is displayed, copied, or used in any other way than that expressly permitted in this agreement.
3. YTN Obligations
a. YTN will provide the following at www.ytn.org:
i) Application wizard to apply to become a Host and pay, as appropriate
ii) Program Materials
iii) Registration wizard for Students or Family to sign-up to attend and pay, as appropriate. Registrations will be reported real-time for each Host.
iv) Minimum technical specifications.
b. YTN will provide a facilitation guide to the Host.
c. YTN will provide a national caliber line-up of topics and speakers for an interactive conference
d. YTN will provide Students’ contact information, as provided upon registration, to ministry leaders on the campuses that the Students will be attending or are interested in attending, as indicated on each Student’s Registration. The ministry leaders will be obligated to not distribute this contact information to third parties in any way.
4. Host Obligations. The Host will meet the following obligations at no cost to YTN:
a. The Host will provide a room at a Host Location that is large enough to comfortably seat the number Students and Families who have registered for that Host Location. The Host will specify the address of that location upon its Application to be a Host and will notify YTN promptly if the location changes.
b. The Host will use reasonable efforts to promote the Program to high school students and parents, including but not limited to at least two emails and one paper mailing to its Member Students.
c. The Host will provide sufficient technology to meet minimum technology specifications or will ensure that the Host Location otherwise has sufficient technology to do so.
d. The Host will provide a local event coordinator to be the point contact for YTN and to oversee promotion of the Program, Student and Family check-in the day of the Program, and the local execution of the Program.
e. The Host will provide an emcee who will facilitate the delivery of local content, facilitate group interaction exercises during the Program, and manage the local Students and Families during the broadcast transitions.
f. The Host will provide a local technical supervisor who will ensure minimum technology specifications are met, participate in a brief test broadcast about a week before the Program, and operate the technology on the day of the event.
g. During the Program the Host will provide refreshments for Students and Families.
i. The Host may incorporate locally-delivered content.
5. Fees. The Host will pay an Application Fee of $50 upon application to be Host.
Host Sites may offer to pay registration costs for Students or Families if desired. Such payments are due at the time of registration and must be worked out with the registrants.
6. Insurance. The Host will maintain, and ensure that the Host Location[SLE1] maintains, for at least the day of the Program Commercial General Liability Insurance, ISO 1988 or later occurrence form including Blanket Commercial Liability and Broad Form Property Damage, with limits of at least $1,000,000 per occurrence for bodily injury and property damage. At YTN’s request, the host will name YTN as an additional insured. At YTN’s request, the Host will furnish YTN with certificates of insurance from the Host’s insurance carrier(s) which will provide that the above insurance will not be cancelled without YTN having received at least thirty (30) days prior written notice of any such cancellation.
7. Indemnity. The Host will defend, indemnify, and hold harmless YTN and its employees, shareholders, directors, officers, and agents from and against liabilities and expenses, including attorney fees, reasonably incurred by such persons arising out of bodily injury or property damage to Students and others in attendance at the Program.
8. Additional Terms.
a. Force Majeure. If the broadcast of the Program is substantially prevented by reason of an act of God, strike, lockout, law, regulation or ordinance, war or terrorism, or by any other circumstance beyond the control of YTN, the failure of such performance will be excused and this Agreement deemed suspended during the continuation of such circumstance. YTN will make reasonable efforts to provide a program similar to the Program at a later date of its choosing.
b. Changes in Writing. No change, addition or amendment will be made to this Agreement except by written document signed by the parties.
c. Dispute Resolution. The parties agree that all disputes between them arising out of or in connection with this Agreement will be subject to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the Arbitrators will include a written explanation of their decision. There will be no award of punitive damages.
d. Jurisdiction and Attorney’s Fees. This Agreement will be governed in all respects by the laws of the United States and the State of Arizona, except for the State’s conflict of laws provisions. The parties agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction will be in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney’s fees.
e. Assignment. The Host may not assign this Agreement, in whole or in part, without YTN’s prior written consent.
f. Severability. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provisions hereof.
g. Authority. The person who clicks the “I Accept” button below has the authority to enter into this agreement and bind the Host to its terms.
___________________________________
(name of person signing)
___________________________________
(date signed)