HomeMy WebLinkAboutSponsorship Agreement (Toyota)Idaho Falls School District 91
Sponsorship Agreement
This agreement is made and entered into between the Idaho Falls School District 91
(District 91) and Inland Northwest Toyota Dealers (Vendor) to establish the terms and
conditions of Vendor providing promotional and marketing services and activities at
District facilities.
Scope of Agreement: District 91 Board Policy 505.4 sets out the criteria that must be
adhered to by Vendor in all promotional activities of Vendor at any and all District 91
facilities or in conjunction with any District 91 activities with which Vendor is allowed to
be associated under the terms of this Agreement. Policy 505.4 is specifically incorporated
herein as if set out in full. A copy of such policy is attached hereto as Exhibit A.
Term of Agreement: The term of this agreement will not exceed 2 years (August 31,
2019 to June 30, 2021). This contract is renewable.
Services to be Provided: It is agreed by and between the parties that Vendor shall
provide the following services or participate in the following activities:
Inland Northwest Toyota Dealers will be given 1 15-second video ad and 3 static logo
ads (both to be provided by Inland Northwest Toyota Dealers) to be displayed on the
video board per event hosted at Ravsten Stadium. This agreement applies to events
hosted by both Idaho Falls High School and Skyline High School.
Inland Northwest Toyota Dealers will be granted one 8’x 18’ static sign on the back of
the north endzone scoreboard, (facing the north parking lot).
Facilities or Locations to be Utilized. Vendor agrees that no promotional materials or
activities shall utilize any classroom or other instructional area of District 91.
Specifically, the following are the agreed upon facilities that may be utilized by Vendor
with respect to this agreement:
1. Ravsten Stadium
Authorized Activities. The following are the authorized activities, advertising, and/or
services to be provided by Vendor at the above identified location(s):
1 video ad, 3 static ads per event, 1 static sign on the north side of the north scoreboard.
Renewals or Extensions: No later than 30 school days prior to the expiration of this
agreement the Parties shall meet and determine whether or not the agreement should be
extended and any and all changes or alterations to the scope and term of the agreement
necessary to support such extension. In the event an extension is agreed upon a new
agreement setting out any and all changes, deletions, or additions to the original
agreement shall be entered into and signed by the appropriate parties.
Restrictions. Vendor agrees to comply with all restrictions set out in Policy 505.4.2 as
well as the following:
Ads must be in good taste and appropriate (i.e. normally produced and consumed in
public media outlets) and subject to approval by school and district administration.
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It is acknowledged by the Parties that Vendor shall make no representations of
endorsement by the Board or the District of any kind or nature of Vendor products or
services as part of the activities and services provided hereunder.
Consideration: In exchange to utilize District 91 facilities Vendor agrees to provide the
following:
One payment of $12,250 due August 31, 2019 payable to Skyline High School and one
payment of $12,250 due August 15th, 2020 for a total of $25,000.
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Effective Date: The effective date of this agreement shall be _August 31, 2019
_____________________ which is subject to the termination date of June 30, 2021
unless terminated sooner pursuant to the terms and provisions of this Agreement.
Miscellaneous Provisions:
1. Each Party agrees to be solely responsible for its own acts or omissions
arising out of the performance of this Agreement. Each Party shall indemnify,
defend, and hold harmless the other Party from and against any and all
liability, loss, claim, lawsuit, injury, cost, damage, or expense whatsoever
(including reasonable attorneys’ fees and court costs at all levels of trial and
appeal), arising (a) from or incident to a negligent or intentional act or
omission by the indemnifying Party or any of its employees, agents,
contractors or subcontractors, or (b) from a breach or default, in the
performance or non-performance of any duty or responsibility under this
Agreement, by such indemnifying Party or any of its employees, agents,
contractors or subcontractors.
2. Except as otherwise provided herein, this Agreement may be terminated upon
the occurrence of any one of the following:
a. Upon mutual written agreement of the Parties.
b. In the event of a material breach of this Agreement by any Party, the
other Party shall have the right to terminate this Agreement by service
of written notice of the breach upon the defaulting Party (the “Default
Notice”). The defaulting party shall have thirty (30) days to cure the
default to the reasonable satisfaction of the non-defaulting party.
Failure to cure within such time period automatically terminates this
agreement.
c. Immediately, by either Party should the other Party (i) show gross or
willful misconduct in connection with the performance of its duties
and responsibilities under this Agreement; (ii) willfully fail to comply
with requirements of applicable federal, state or local law, rule or
regulation, provided that such failure to comply has a material adverse
effect on the terminating Party; or (iii) breach of any representation or
warranty made in this Agreement.
3. Inland Northwest Toyota Dealers will be granted the sole auto-industry
sponsor for the duration of the contract and shall be given first right of refusal
at the time of renewal.
4. The District shall not be responsible for the safekeeping, installation, storage,
removal or usage of any and all materials or items provided by Vendor under
the terms of this agreement. Vendor agrees to be responsible for the removal
off and repair to any District property of facilities caused by the installation,
use or removal of any items provided or used by Vendor.
5. Vendor specifically agrees that any and all persons employed by or allowed to
access any facility of District 91 in conjunction with the authorized services or
activities under the terms of this agreement shall not be restricted in any
fashion by any Federal, State or local law, statute, or ordinance from entering
on or being within a certain distance of school facilities or property.
Entered into and effective as of the date set out above.
IDAHO FALLS SCHOOL DISTRICT 91 Inland Northwest Toyota Dealers
Superintendent of Schools Representative