Fundraiser Terms and Conditions

Last Updated: November 20, 2018

These terms and conditions (“Terms and Conditions”) will confirm the details of the agreement between MOD Super Fast Pizza, LLC (“Sponsor”) and the charity indicated on the application filled in by you (“Charity”) regarding the promotional program described below (the “Promotion”).

  1. The Promotion will be conducted at the MOD Pizza location as indicated on the application submitted by Charity (“Fundraiser Day”) on the date indicated on the application submitted by Charity and approved by Sponsor, or if not approved by Sponsor, then on such day that Sponsor and Charity mutually agree (the “Promotion Date”).

  2. Sponsor will donate to Charity 20% of Net Sales sold during the Promotion Date at the Fundraiser Day. “Net Sales” is defined to mean gross sales, less any complimentary items and less discounts, that originate from customers who present a MOD approved promotional flyer for the Fundraiser Day upon payment.

  3. Charity acknowledges and agrees that Sponsor may use Charity’s name, information, logo and trademarks on packaging for any of Sponsor’s products and in communicating the terms of the Promotion to the public via various means, including but not limited to direct mail and point-of-sale, print, broadcast and online media.

  4. Sponsor will provide Charity with a donation payment from the Promotion no more than ninety days after the Promotion Date. The payment will be accompanied by a final accounting of the results for the Promotion, including but not limited to the number of purchases and a calculation of the amount of the donation.

  5. The Promotion will be subject to all applicable laws. Each party shall be responsible for complying, at its own expense, with all requirements imposed by law or regulation on each of them individually as a result of their respective roles in the promotion, including but not limited to any obligation to register, post bonds, or take other actions under state law as a charity or a commercial co-venturer.

  6. Each party will indemnify, defend and hold harmless the other party against any third-party claims and all resulting liabilities, losses and costs (including reasonable attorneys’ fees) arising out of: (a) any negligence, willful misconduct or breach of this agreement by the indemnifying party, and (b) the sale, use or advertising of any products or services of the indemnifying party. Each party will give the other prompt notice of any such claim. The indemnifying party shall have the right to control the defense of the claim. The indemnified party may participate in the defense at its own expense.

If the above terms are acceptable, please acknowledge Charity’s acceptance by checking the box on the application that you agree to these Terms and Conditions.