Thank you for your interest in the South Carolina Football Hall of Fame.
CORPORATE MEMBER GENERAL TERMS AND CONDITIONS:
By executing the specific agreement, the corporate member is agreeing to the following terms and conditions:
Corporate Member is entitled to the Corporate Membership package benefits listed in the specific agreement on Exhibit A (the Corporate Membership Package). Corporate Member agrees to pay to SCFHOF the amounts on the date set forth on Exhibit A (the Payment Schedule). All late payments shall be subject to a late charge of 5%, and shall bear interest at the lower rate of 1.5% per month or the highest rate allowed by law until paid. Corporate Member acknowledges that Corporate Memberships paid to the SCFHOF are subject to a management fee to the sales contractor and to the Corporate Membership managing company, Wyatt Sports, LLC. NO DEFAULT OR OTHER FAILURE TO PERFORM UNDER, OR REPUDIATION OF, THIS AGREEMENT BY CORPORATE MEMBER SHALL RELIEVE CORPORATE MEMBER OF OR OTHERWISE DIMINISH CORPORATE MEMBER’S OBLIGATIONS UNDER THIS AGREEMENT, NOTWITHSTANDING ANY AND ALL LEGAL, EQUITABLE OR OTHER RULES, PRINCIPLES, DOCTRINES OR OTHER CONCEPTS, INCLUDING, WITHOUT LIMITATION, MITIGATION AND UNJUST ENRICHMENT. Corporate Member agrees that, if for any reason Corporate Member is unable or unwilling to comply with the Payment Schedule, Corporate Member shall not be entitled under any circumstance to a refund of any portion of monies or in-kind value paid, SCFHOF may in its sole discretion revoke and rescind all of Corporate Member’s benefits under this Agreement and Corporate Member shall nevertheless remain liable to SCFHOF to make all payments set forth on the Payment Schedule, including, without limitation, payments which become or are due before, on or after the date on which Corporate Member has indicated it is unable or unwilling to comply with the Payment Schedule. Corporate Member shall not be entitled to withdraw or terminate or transfer its Corporate Membership under any circumstances without the express written consent of SCFHOF (which consent may be withheld for any or no reason) and payment in full to SCFHOF of all amounts on the Payment Schedule, including, without limitation, payments which become or are due before, on or after the date on which Corporate Member has made any attempt to withdraw or has been permitted to withdraw. Corporate Member also recognizes and agrees that this Agreement and the Corporate Membership Package shall not be conveyed, assigned, sold or otherwise transferred, with or without financial consideration, to another person or entity without the prior written consent of SCFHOF which consent may be withheld for any or no reason. In the event of an attempted such transfer without SCFHOF’s prior written consent, SCFHOF shall have the right (in addition to SCFHOF’s other rights) to refuse or revoke the use of any badges, tickets and other privileges provided in the Corporate Membership Package and revoke and rescind any other of Corporate Member’s benefits under this Agreement, and SCFHOF shall not be required to refund or return any monies paid by Corporate Member for the Corporate Membership Package and Corporate Member shall remain liable to make all payments set forth on the Payment Schedule. Corporate Member agrees that persons who use the badges, tickets, and/or other privileges contained in the Corporate Membership Package or that are made available under this Agreement assume sole and absolute responsibility on its own behalf and on behalf of all others (including, without limitation, SCFHOF and its employees and agents) for all risk of and liability with respect to personal injury and property damage resulting from being hit by a football, football player or other participant or other hazards or circumstances associated with attendance at a football game and/or any and all related events and locations. Corporate Member agrees to and shall indemnify and hold SCFHOF, participants and all officers, directors, employees and agents of SCFHOF, harmless for any and all liabilities, damages, losses and expenses (including, without limitation, reasonable attorney’s fees, costs and expenses) arising from or related to claims, lawsuits, actions or proceedings brought against such persons and/or entities for (i) such personal injury or property damage and/or (ii) infringement of any intellectual property rights for use of any names, trademarks, logos or other identifiers of or claimed by Corporate Member in connection with the induction ceremony, Golf & Gun, mobile museum and fan experience, or related events. Under no circumstance is a Corporate Member permitted to provide their own food and beverage in the above-mentioned areas without prior written consent from SCFHOF. THE CORPORATE MEMBERSHIP PACKAGE AND BENEFITS UNDER THIS AGREEMENT ARE MADE AVAILABLE TO CORPORATE MEMBER AS IS WITHOUT WARRANTY OF ANY KIND AND SCFHOF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCFHOF SHALL NOT BE LIABLE TO CORPORATE MEMBER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY NATURE OR TYPE WHATSOEVER. Corporate Member agrees and acknowledges that all remedies afforded SCFHOF under this Agreement are reasonable and representative of SCFHOF’s damages and other injuries which will be incurred by SCFHOF as a result of a default by Corporate Member or other event giving rise to a right of recovery on the part of SCFHOF in connection with this Agreement, and Corporate Member does hereby agree and acknowledge that each and every right and remedy of SCFHOF under this Agreement is not a direct or indirect penalty or other impermissible payment or other impermissible entitlement or requirement, and Corporate Member hereby waives any and all arguments, objections, and positions Corporate Member can or could take to the contrary. An Agreement shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this Agreement and any uncertainty and ambiguity shall not be interpreted against any one party. The Agreement shall be governed in all respects by the laws of South Carolina without regard to conflicts of law principles. In any dispute regarding this agreement, the prevailing party will be entitled to reasonable attorney fees and costs.