FOR PROFESSIONAL SERVICES BY AND
BETWEEN RUNRACEREGISTER.COM AND EVENT NAME AS DEFINED IN EVENT
SUBMISSION FORM, HEREBY KNOWN AS EVENT
THIS AGREEMENT entered into and made effective per submission date of
EVENT SUBMISSION FORM and between RUNRACEREGISTER.COM and EVENT.
WITNESS: EVENT wishes to engage RUNRACEREGISTER.COM to provide
internet based event registration services for the EVENT, to be held on
EVENT DATE and EVENT LOCATION as defined in EVENT SUBMISSION FORM.
WHEREFORE, in consideration of the foregoing and of the mutual
covenants hereinafter contained, EVENT and RUNRACEREGISTER.COM
agree for themselves, their successors, legal representatives, and
assignees as follows:
ARTICLE I: RETENTION OF RUNRACEREGISTER.COM
EVENT hereby engages RUNRACEREGISTER.COM to provide internet based
event registration services for EVENT to be held on EVENT DATE and
EVENT LOCATION as defined in EVENT SUBMISSION FORM.
ARTICLE II: SCOPE OF THE WORK
RUNRACEREGISTER.COM hereby agrees to provide internet based event
registration to EVENT for EVENT to be held on EVENT DATE and EVENT
LOCATION as defined in EVENT SUBMISSION FORM. Said services shall
include the following:
1. Provide a secure internet based event registration form that will
allow participants to use an electronic payment and register online for
EVENT.
2. Process payments of participants and register them for EVENT.
ARTICLE III: COMPENSATION AND EXPENSES:
1. The registration processing fee for RUNRACEREGISTER.COM services
shall be 6.50% of the event registration fee paid by participants plus
one US dollar per transaction with a minimum charge of $2.95. The
registration processing fee, paid by the participant at time of
registration is over and above the event entry fee and any additional
donations made my participant. 100% of entry fees and additional
donations paid by participants at time of registration are paid to the
event as set forth in Article III, Paragraph 2.
2. Entry fees collected for a thirty day period, less the
RUNRACEREGISTER.COM fee set forth in Article III, Paragraph 1, will
be disbursed by RUNRACEREGISTER.COM within fifteen days of said
period end.
ARTICLE IV: WARRANTIES AND REPRESENTATIONS
EVENT warrants and represents the following:
1. All registration processing fees that RUNRACEREGISTER.COM
collects from participants are nonrefundable.
2. No participant shall have a claim to a refund of any registration
processing fee collected by RUNRACEREGISTER.COM pursuant to this
Agreement.
3. To the extent any participant makes a claim for a refund of a
registration processing fee against either RUNRACEREGISTER.COM
and/or EVENT, EVENT shall hold RUNRACEREGISTER.COM harmless, and
shall indemnify RUNRACEREGISTER.COM for any such claim.
4. EVENT has full legal authority to enter into this Agreement without
legal impediment.
RUNRACEREGISTER.COM warrants and represents as follows:
1. RUNRACEREGISTER.COM has full legal authority to enter into this
Agreement without legal impediment.
ARTICLE V: INDEPENDENT CONTRACTOR
The Parties agree that RUNRACEREGISTER.COM is an independent
contractor and that at no time shall RUNRACEREGISTER.COM be
considered an agent, employee, or servant of EVENT.
ARTICLE VI: APPLICABLE LAW
This contract shall be governed by the laws of the state of
MASSACHUSETTS and each party consents to the jurisdiction of the courts
of the state of MASSACHUSETTS for any and all disputes that may arise
from this Agreement.
ARTICLE VI: ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the Parties and
supersedes all agreements, oral or written, between the parties on this
subject matter.
ARTICLE VII: SEVERABILITY
Any invalidity, in whole or in part, of any provision in this
Agreement, shall not affect the validity of any other provisions.
ARTICLE VIII: LOSS OF DATA
Parties acknowledge that data collected by RUNRACEREGISTER.COM on
behalf of EVENT may be lost or destroyed notwithstanding any safeguards
put in place by RUNRACEREGISTER.COM. RUNRACEREGISTER.COM agrees
that it shall use best efforts to protect all data it collects on
behalf of EVENT and that EVENT shall hold RUNRACEREGISTER.COM
harmless and waive any and all claims it may have against
RUNRACEREGISTER.COM if said data is lost or destroyed for any
reason that is outside the control of RUNRACEREGISTER.COM.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on
and as of effective per submission date of EVENT SUBMISSION FORM
between RUNRACEREGISTER.COM and EVENT.