This Claw Machine Agreement (hereinafter referred to as the "Agreement") is entered into on by and between (hereinafter referred to as the "Owner") and , (hereinafter referred to as the "Vendor"), collectively referred to as the “Parties,” both of whom agree to be bound by this Agreement.
Purpose: The Owner's business is located at:
Maintenance: The Vendor shall maintain the machines in good working order and regularly maintain and clean them so that they do not detract from the appearance of the business Premises of the Owner. The Owner may terminate this agreement and require that the Vendor remove the machines, in the event that the machines are unsightly or malfunction and reasonably detract from the Owner’s reputation.
Risk of Loss/Vandalism: The Vendor assumes all risk of loss or damage to the Claw Machines and their contents. The Owner’s responsibility is limited to notifying the Vendor of any vandalism, theft, or damage. However, the Owner shall be responsible for repair or replacement costs if the damage is a direct result of the Owner’s gross negligence or willful misconduct. The Owner shall promptly report any significant vandalism or theft to the Vendor and the appropriate authorities. In the event of repeated loss, Vendor retains the right to remove the Claw Machines.
Limitation of Liability: Vendor shall release the Owner from all liabilities related to or arising out of the regular use of the machine(s).
Utilities: The Owner agrees to provide access to a standard electrical outlet at the Owner’s expense to power the Claw Machine(s).
Termination: This Agreement may be terminated at any time by either Party upon 7 Days written notice to the other party. Upon termination, the Vendor will have 7 Days to remove their machine(s) from the Owner’s Premises.
Ownership: Owner hereby acknowledges that all rights, title and interest in Claw Machines shall, at all times, remain that of the Vendor, including all monetary profits with respect to Claw Machines. Owner shall have no right, title, or interest therein, and Owner is not authorized to grant any right or license with respect thereto except as expressly set forth in and permitted under this Agreement.
Compensation: In consideration of the agreement to place the machine(s) on the Premises of the Owner, the Owner will be paid monthly a total of % of the gross sums collected from the machine's operation.
Legal and Binding Agreement: This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.
Governing Law and Jurisdiction: The Parties agree that this Agreement shall be governed by State law.
Entire Agreement: The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both Parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows: