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TERMS & CONDITIONS
<br />Signed Date:
<br />Signed Date: 5/19/2023
<br />3. Approval, Indemnity. HOUCK reserves the right to reject at any time (either before or after posting) any copy, pictorial or otherwise, which is offensive to the moral standards of the community, or which is false, misleading or
<br />deceptive, or which is in violation of existing laws, or which has a tendency to induce or may result in the creation of laws designated to restrict Transit Advertising Industry, or which in the sole discretion of HOUCK in any way reflects
<br />on the character, integrity or standing of any individual, firm or corporation. The Advertiser and/or the Agency each agree to defend, indemnify and hold HOUCK harmless from any and all claims, loss, liability, judgments, costs and
<br />reasonable attorney's fees incurred by HOUCK arising out of, or related to, the contents or subject matter of any copy displayed pursuant to this Agreement.
<br />20. Entire Agreement. This agreement embodies the entire Agreement between the parties, and may only be changed by written agreement and signed by all parties.
<br />HOUCK TRANSIT ADVERTISING CONTRACT
<br />7. Form of Credit. Any credit due Advertiser/Agency for any reason shall be in the form of extended service.
<br />16. In the event that both a HOUCK Advertising Company contract and Advertiser/Agency contract or purchase order are in force for the same space and there is conflicting provision, then the HOUCK contract provision shall take
<br />precedence over the Advertiser/Agency provision.
<br />17. This contract shall not be construed to include buses in or on which advertising is not permitted.
<br />18. Advertiser gives HOUCK permission to use photos of Advertiser's signs for self-promotion.
<br />19. If for any reason HOUCK shall cease to have the right to maintain, control or continue the advertising on any of the buses covered by this contract, HOUCK reserves the right to cancel the advertising hereunder, as to such buses,
<br />without prejudice to this contract as to the remainder of the contract.
<br />5. Payment. Advertiser/Agency agrees to pay for all advertising space contracted for within the listed payment terms on page 1. A finance charge of 1.5% per month may be assessed to the account if payment is not received within
<br />terms. If this Agreement is executed by an agency, Agency understands that HOUCK may notify Advertiser in the event Agency fails to pay any invoice within thirty (30) days of invoice due date. A 3% fee will be charged on all credit
<br />card payment transactions. Online ACH transactions, eChecks or paper checks are available at no added charge.
<br />4. Agent's Representation. If this Agreement is executed by an Advertising Agency, Agency represents that it is duly authorized to execute this agreement on behalf of the Advertiser, and acknowledges that HOUCK may, at its option,
<br />hold both Advertiser and Agency, jointly or severally, liable for the full performance of this Agreement.
<br />8. Default. In the event Advertiser/Agency shall fail to pay any invoice when due, or makes an assignment for the benefit of creditors, or if a petition in bankruptcy or for reorganization under the Bankruptcy Act is filed by or against it,
<br />HOUCK may, at its option, terminate this Agreement upon 5 days notice to Advertiser/Agency. Should HOUCK institute any action or proceedings to recover amounts due hereunder, Advertiser/Agency agrees to pay the full contract
<br />amount, in addition to such amounts, HOUCK's costs and disbursements, including reasonable attorney's fees and finance charges at 1.5% per month.
<br />9. Governing Law, Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any dispute arising out of this agreement shall be resolved in a court of appropriate
<br />jurisdiction located in Ramsey County, Minnesota. Each of the parties hereto consents and submits to the personal jurisdiction of the State and Federal courts located in Ramsey County, Minnesota.
<br />10. Any failure or delay , in whole or in part, in providing the displays agreed to herein, resulting from acts of God, strikes, concerted action by employees or labor organizations, boycotts, riots, civil insurrection, war, national
<br />emergencies, governmental restrictions, inability to secure specified material, or from any other cause beyond the control of HOUCK, shall not constitute a breach of this Agreement.
<br />6. HOUCK reserves the right to remove signs from buses if the Advertiser/Agency is more than sixty (60) days past the due date on any invoice.
<br />15. Warranty. Any issues from a completed service that result due to the services rendered by Houck Transit Advertising and/or their subcontractors and their application process such as unnatural peeling or bubbling, substandard
<br />(compared to industry standard) application, etc., Houck Transit Advertising agrees to cover all costs for 1 year from date of installation for vinyl and labor expenses and schedule at the soonest available opening within a normal
<br />operating capacity given Advertiser/Agency by extending the Display Period of this Agreement proportionately to the value of the service so eliminated. Any bonus signage and any materials provided to us for installation are not
<br />warrantied for any period of time.
<br />1. Agreement upon Acceptance. Until accepted and signed, this Agreement constitutes only an offer to purchase the advertising services described herein.
<br />2. Term. The term of this contract is the number of periods so specified. This contract is non-cancelable as signed.
<br />Houck Transit Advertising:Kris Klein 515.314.7902 kris@houckads.com
<br />Advertiser/Agency Signature:
<br />11. LIMITATION OF LIABILITY. HOUCK'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES TO ADVERTISER/AGENCY RESULTING FROM HOUCK'S FAILURE TO PERFORM ANY PART OF THE SERVICES SPECIFIED HEREIN SHALL IN NO
<br />EVENT EXCEED THE PRICE OF THE DISPLAY WITH RESPECT TO WHICH LOSES OR DAMAGES ARE CLAIMED. IN NO EVENT SHALL HOUCK BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
<br />12. Assignment. The rights of Advertiser/Agency hereunder are not assignable without the prior written consent of HOUCK.
<br />13. Display Date. If display is delayed because artwork is received by HOUCK less than ten (10) days prior to Display Date, HOUCK shall bill and Advertiser/Agency shall pay for the full Display Period and the Display Period shall be
<br />deemed to commence on the date of insertion and continue for the full term.
<br />14. Divisibility, Adjustment. In the event HOUCK is unable to perform a part of the advertising services specified herein, HOUCK reserves the right to eliminate such part. Credit for any service so eliminated shall be given
<br />Advertiser/Agency by extending the Display Period of this Agreement proportionately to the value of the service so eliminated.
<br />Chapel Hill/Orange County Visitors Bureau
<br />Houck Transit Advertising / 1025 Tomlyn Avenue, Suite 100, Shoreview MN 55126 / 800-777-7290 (Fax 651-489-7620) Page 2 of 2
<br />DocuSign Envelope ID: DFDA03B6-F96B-4B98-9299-01A2FB26E244
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