Frontier Girls Clubs License Agreement
Terms and Conditions of Website and Program Use
This Frontier Girls Clubs License Agreement (“Agreement”) is entered into by and between Frontier Girls Clubs, a California sole proprietorship with offices at 17040 Austin Lane, Cottonwood, CA 96022 (“Frontier Girls”), and “You” or “Your”, the purchaser or recipient of a Frontier Girls Membership license (collectively the “parties”), on the terms and conditions set forth herein.
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby mutually agree as follows:
1. Frontier Girls develops youth program materials (resources, training, programs, policies, etc. ) (“program materials”) and licenses the program materials in conjunction with the right to use the Frontier Girls Club name to local nonprofit organizations, businesses or individuals for use in their youth programs (a “Frontier Girls Membership”). By purchasing a Frontier Girls Membership or participating in a Frontier Girls program You agree to use the Frontier Girls Clubs program materials and name consistent with the principles expressed in this Agreement.
2. Assumption of Risks: Frontier Girls Clubs does not provide liability or medical insurance for the protection of any individual, group, business, or organization who may choose to use Frontier Girls Clubs program materials. Any youth program or individual that uses the Frontier Girls name and uses Frontier Girls Clubs materials is not a division, branch, or department of Frontier Girls Clubs. Knowing, understanding, and fully appreciating all possible risks, You hereby expressly, voluntarily and willingly assume all risks and dangers associated with Your minor child’s and/or Your use of Frontier Girls Clubs program materials. You understand and acknowledge that Frontier Girls Clubs activities could result in injury or even death and agree that participation in all Frontier Girls Clubs activities shall be at Your minor child’s and/or Your sole risk.
3. You shall assure that all participants in your Frontier Girls Club, including the girls, individual leaders and volunteers, subscribe and adhere to the Frontier Girls Clubs promise, creed, and mission, as set forth the in the program materials.
4. This Agreement is valid for one year from the date of purchase. Frontier Girls Clubs will consider membership renewal only after payment of the current membership renewal fees, any outstanding fees, charges or invoices and receipt of any information requested. Frontier Girls Clubs is under no obligation to renew any membership.
5. You and Frontier Girls Clubs agree that any youth program or individual that uses the Frontier Girls name and uses Frontier Girls Clubs program materials is not a division, branch, or department of Frontier Girls Clubs. Volunteers, employees and other personnel involved in Your Frontier Girls Club are not in any way volunteers, employees or personnel of Frontier Girls, but are solely Your volunteers, employees and personnel. Neither You nor Your Frontier Girls Clubs Troop or anyone involved or participating therein is a partner, joint venture or agent of Frontier Girls Clubs. You and Frontier Girls Clubs further agree that their relative status is that of an independent purchaser/licensee (You) and provider/licensor (Frontier Girls Clubs) of the Frontier Girls program materials.
6. You are solely responsible for the safety of all children and adults who are involved or participate in any way in Your Frontier Girls Club and complying with all laws related to any activities undertaken. You are responsible for the all screening, hiring, training, supervising, and other personnel matters concerning any volunteer or employed leaders and staff involved in Your Frontier Girls Clubs Troop. Individual parent/guardians are responsible for verifying that their Frontier Girls troop leader has screened all volunteers and employees to the parent/guardian’s satisfaction before participating in troop activities.
7. You accept the responsibility to implement the Frontier Girls Clubs program according to the policies and guidelines established by Frontier Girls Clubs as part of Your overall program for youth. Frontier Girls Clubs makes available program materials and has a national support staff to assist the local leadership in their task. You understand and agree that Frontier Girls Clubs training materials, no matter what leadership or volunteer level, is NOT all-inclusive and does NOT include comprehensive training in personnel practices and procedures or child development; further, you understand and accept that the program materials are provided without any warranty concerning these matters and that the Frontier Girls Clubs does not represent itself as expert in these matters. If you have any concern about the use of any of the materials or activities provided therein, it is Your responsibly to decide whether such materials or activities are safe and appropriate for your particular Frontier Girls Clubs activities.
8. Frontier Girls Clubs Troop Membership authorizes you to operate one local Frontier Girls Clubs Troop per Agreement when a troop membership is purchased. Frontier Girls individual memberships authorize one girl to use program materials. Frontier Girls family memberships authorize all girls in a single household to use program materials.
9. You, the purchaser, shall indemnify, defend and hold harmless Frontier Girls Clubs, its owners, employees, agents, officers, directors, successors and assigns, from and against any and all claims, damages, losses, liabilities, or injuries arising out of or related to the use of Frontier Girls Clubs program materials or programming, or any breach of this Agreement. This includes, without limitation, claims by You, Your members, employees, agents, officers, or directors, and any of the leaders, participants, and volunteers of Your Frontier Girls Club Troop, as well as any other persons or entities bringing claims. This provision will survive the termination of this Agreement.
10. You agree that all copyrights, trademarks, trade names, service marks and similar intellectual property rights in and to the Frontier Girls Clubs program materials provided by Frontier Girls Clubs under this Agreement, including the “Frontier Girls” name, are the property of Frontier Girls Clubs and are owned solely and exclusively by Frontier Girls Clubs. You agree that you will not sell for profit, reproduce or use the Frontier Girls Clubs program materials in the production or sale of proprietary materials. You agree that you will not modify the Frontier Girls program materials in any way.
11. You may use the Frontier Girls name only while this Agreement is in effect. You shall not assign or transfer any rights under this Agreement to another entity, group or person without Frontier Girls Clubs prior written consent, which consent may be given or withheld in Frontier Girls Clubs sole discretion.
12. The parties to this Membership Agreement agree that any claim or dispute arising from or related to this Agreement shall be governed and controlled by California law without regard to its conflict of laws provisions, and that this Agreement was entered into in Shasta County, Redding, California. Jurisdiction for any dispute shall reside in the Federal or State courts serving the State of California. Where an action is filed in state court, venue shall be Shasta County Superior Court, Redding, California. The parties agree that in the event of a dispute, they will make good faith efforts within the first 45 days of providing written notice of such dispute to resolve the dispute through mediation in Redding, California. The mediation can be conducted by any reputable mediator in the Redding, California area, and the parties shall share equally in the cost of the selected mediator. The parties understand that these methods shall be the sole remedy of any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
13. This Agreement terminates on failure of You, the purchaser, to renew it by submitting Your annual registration fee, or on Frontier Girls Clubs refusal to accept the fee. Either party may terminate this Agreement at any time prior to the end of the current term in its sole discretion and without cause by giving written notice to the other party. You agree not to use the Frontier Girls name, logo, or program materials following termination of this Agreement.
14. In the event that any provision or portion of this Agreement is determined to be unenforceable or invalid, such determination shall not render unenforceable or invalid any of the other provisions or portions of this Agreement (whether or not contained in the same section thereof), which other provisions and portions shall survive such determination as independent provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision or portion were omitted.
15. The Frontier Girls logo is a registered trademark belonging to Frontier Girls Clubs and may not be used on clothing, printed material, promotional materials, websites, etc. without the express written consent of Frontier Girls Clubs. The words “Frontier Girls” and the logo may be used by Your Troop on printed materials, promotional materials, educational materials, and websites for the purpose of promoting Your Troop. You may not sell or purchase any item with the Frontier Girls logo that has not been purchased through Frontier Girls Clubs. The promoting of Your Frontier Girls Troop should always be in alignment with the Frontier Girls Motto, Promise, and Creed. Frontier Girls reserves the right to revoke and terminate any trademark agreement at its discretion. Upon such revocation, the user must immediately cease any and all usage of the Frontier Girls trademark.
16. The Frontier Girls trademark or name may not be used in any manner that may possibly disparage, bring into disrepute, or derogate the Frontier Girls Clubs business or its members. Members will not promote goods or services that, at the discretion of Frontier Girls Clubs, may possibly diminish the goodwill of the Frontier Girls name or be viewed any way to be obscene, pornographic, sexual, or violent or to encourage any activities deemed unlawful.
17. If You are a business or non-profit organization, You and the person accepting this agreement hereto on your behalf represent that each of you have the legal right and authorization to enter into this Agreement on behalf of said business or organization.
18. Photograph, Film or Vocal Recording Media Release for all Frontier Girls Activities
You authorize this release based on the following conditions:
1. These records become the property of Frontier Girls Clubs
2. This release is given without promise of compensation
3. This is effective until terminated by a retraction in writing from the person granting the authorization
4. The parent/legal guardian and Frontier Girls member do release to Frontier Girls any right, title and/or interest of any kind they may have in the records produced. You hereby grant to Frontier Girls Clubs the right and authority to photograph, film and/or record vocally. These records may be used for promotional or publicity purposes and may be published in mass media publications, in Frontier Girls newsletters and other Frontier Girls publications, on Frontier Girls’ internet site, or shown on television or movie presentations. The member and family’s last name may be used. This release is effective until revoked in writing by the undersigned. Such revocation shall only be effective to prevent any expanded future use of the records.