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Aerial Banner Towing Agreement
("Company") of ____________________ [Address/State/Zip], hereinafter referred to as Advertiser, and ("Air Carrier") of ____________________ [Address/State/Zip], hereinafter referred to as Air Carrier, agree:
Air Carrier shall provide aerial banner towing for Advertiser under the terms and conditions herein:
Length of banner:
Type of banner:
Weight of banner:
Dates for towing: (Day/Month/Year)
Time(s) for towing:
Route for towing:
Advertiser shall provide the banner(s) to be towed herein. Air Carrier shall provide assistance to Advertiser with specifications for materials, weight and content. Advertiser accepts responsibility for the suitability of the banner for towing. The banner(s) shall be delivered by the Advertiser at the expense of the advertiser at least two business days prior to the initial date for towing.
Said banner shall be immediately examined by Air Carrier for suitability for towing. Air Carrier shall have final approval of the banner in its sole discretion and shall not be required to tow banners which in its sole judgment are unsafe or violative of any applicable regulations.
At the conclusion of the contract, Air Carrier shall ship the banner, freight collect, to Advertiser, or shall dispose of the banner as provided in written directions received from the Advertiser, at Advertiser's sole expense.
Advertiser shall indemnify Air Carrier for all copyright, trademark or other intellectual property claims by others, and represents to Air Carrier that it is authorized to use the art or banner provided for public advertising.
Air Carrier shall diligently attempt to tow the banner upon the schedule provided above in strict accordance with all applicable regulations and its licenses to operate.
However, in the event that, in Air Carrier's sole discretion, any scheduled tow cannot be safely accomplished due to weather, regulatory or other operational conditions, Air Carrier shall not be required to operate such flights (such conditions preventing operation due to weather, regulatory or other conditions shall be referred to as "operational conditions.")
Air Carrier shall at all times maintain public liability insurance/aviation public liability with minimum limits of $------ (dollars) with a licensed carrier or carrier(s) in the state of ______________, and shall provide proof of such coverage to the Advertiser upon request.
Air Carrier shall indemnify and hold Advertiser harmless for all liability related to its operations, other than intellectual property claims identified above.
Air Carrier shall receive a fee of $------ (dollars) per tow. In the event that any tows are canceled due to operational conditions, Air Carrier shall contact the Advertiser for possible rescheduling.
Other than not being paid, Air Carrier shall not be liable to the Advertiser for any failure to tow banners caused by operational conditions. Said fee shall be paid on a monthly basis.
Advertiser grants to Air Carrier a lien on the banner or other properties which are entrusted to Air Carrier to secure payment of its charges.
Any regulations of the FAA or other authorities which are applicable to the provision of these services, as changed from time to time, are be incorporated herein, and in the event of any conflict with the terms herein, the governmental regulations will control.
This is the entire agreement between the parties and the same may only be changed in writing.
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [COUNTY]
On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____