All amounts owed by Vendor to Lay It Out, Inc. that remain unpaid after 30 days shall be subject to a late payment charge of 1.5% per month (18% APR). Should the account become past due, Vendor agrees to pay all costs of collection, including collection agency charges, attorney fees, and court costs incurred by Lay It Out, Inc. This includes, but is not limited to, all fees and costs actually incurred, whether or not any suit or action is filed, and is intended to include all fees and costs incurred in any mediation, arbitration, trial, or appeal.
Postponement or cancellation of any portion or aspect of the 2027 Alpenglow Nights Summer Concert Series for any reason beyond the control of Lay It Out, Inc. (including, but not limited to, earthquake, fire, flood, terrorism, severe weather, or other acts of God) shall not constitute cause for reimbursement or refund.
This Agreement does not transfer to another vendor’s property, agent, or subsidiary. All other business sectors must negotiate separate sponsorship agreements.
Lay It Out, Inc. shall secure and maintain throughout the term of this Agreement all insurance appropriate for events of this stature and size, including, but not limited to, comprehensive general liability insurance covering itself against loss or liability arising out of or relating to activities associated with the event.
This Agreement sets forth the entire agreement between the parties and supersedes all prior verbal or written communications concerning the subject matter of this Agreement. This Agreement may not be altered, modified, or changed in any way by either party without the prior written consent of the other party.
Each of the parties hereto is an independent contractor. Neither party shall have the authority to act on behalf of the other or to incur obligations on behalf of the other unless expressly authorized.
If suit or action is instituted to enforce this Agreement or to determine any matter in controversy regarding this Agreement, the prevailing party shall be entitled to recover such sums as the court may judge reasonable for attorney fees, including attorney fees incurred on appeal and in collecting or enforcing any judgment, order, or decree.
Neither party shall, without written authorization from the other party, disclose to any third party the terms and conditions of this Agreement, except as may be necessary to establish or assert rights hereunder or as required by law. Provided, however, either party may, on a confidential basis, disclose this Agreement to officials, officers, accountants, attorneys, or other individuals within their respective organizations on a “need-to-know” basis.