TAILGATE RENTAL AGREEMENT
TERMS AND CONDITIONS
This Tailgate Rental Agreement (“Agreement”) is entered into by and between Gameday Done Right, L.L.C., (“Lessor” or “GDR”) and the person or entity renting the products or services from GDR (“Lessee” or “Lessee’s”). This Agreement is effective upon the date on which Lessee agrees hereto and pays a minimum of the deposit amount referenced in Section 2 herein and applies to the purchase of the rental of products and services from Gameday Done Right, LLC (“GDR”). In consideration of the payment of the total price, Lessor hereby agrees to provide Lessee with the use of certain tailgating equipment and to provide ancillary services (collectively, “Equipment”), described in Exhibit A, which is attached hereto and incorporated by reference.

1. RESERVATIONS AND TAILGATE SITE
   1.1. Season Packages: Reservations shall be made and confirmed only after Lessee has paid the Deposit; no equipment, tailgate reservations or rental packages will be held or reserved under any circumstances unless and until the entire Deposit has been paid.
   1.2. Single Game Packages: Reservations shall be made and confirmed only after Lessee has paid 100% of the Total Price of the single game package stated above; no equipment, tailgate reservations or rental packages will be held or reserved under any circumstances unless and until the Total Price has been paid in full. If more than one Single Game Package is reserved, Lessee must pay the Total Price for each and every Single Game Package in order to secure its reservation for each and every Single Game Package.
   1.3. Location of Tailgate Site: GDR shall determine the exact location of Lessee’s tailgate site and associated tailgate number, which may be relocated from time-to-time in GDR’s reasonable discretion to accommodate ESPN GameDay, SEC Network or other University of Alabama sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, GDR will take into consideration Lessee’s request for a particular location.
2. PAYMENT
   2.1. In consideration of the Tailgate Services to be provided by GDR, Lessee shall pay the invoiced amount set forth on the invoice made available to Lessee (the “Package Price”). In order to reserve the Site for the entire season, Lessee agrees to pay to GDR a deposit equal to fifty percent (50%) of the Package Price immediately. The balance of the Package Price shall be due on the June 1 preceding the applicable football season. If the order is on or after June 1, the entire balance of the Package Price shall be immediately due and payable. If payment in full has not been received by fourteen days prior to the first home game date, GDR reserves the right to terminate the Agreement and retain all sums previously paid to GDR. If payment is made by credit card or ACH, GDR may, but shall not be required to, automatically process the payment for any remainder of the Package Price at any time on or after June 1, and Lessee hereby authorizes such charges. If Lessee cancels this Agreement in writing more than twenty one (21) days before the start of the season, GDR agrees to refund one hundred percent (100%) of the Package Price (or portion thereof that has been paid by Lessee); provided, however, in order to reserve the Site for the selected home game, Lessee agrees to pay to GDR one hundred percent (100%) of total invoice, upon execution of this Agreement, all of which shall be non-refundable within twenty one (21) days of the date of the selected home game for a single game order or within twenty one (21) days of the date of the first home game for a full season order. Where Lessee has made payment of the total reservation, or any portion thereof, by credit card, Lessee shall be prohibited from disputing said charge which Lessee previously authorized GDR to make.
   2.2. If Lessee fails to timely pay the remaining balance when due, the parties agree that Lessor shall treat Lessee’s reservation as if it were cancelled without notice in accordance with paragraph 4.2 herein; in addition, any such outstanding balance owing to Lessor and not received within ten (10) days after the date when due will incur interest on the outstanding balance at the rate of 4% per month, or the maximum rate permitted by Alabama law, whichever is greater, and Lessee shall be responsible for all costs of collection and/or costs of securing or attempting to collect the payments due, whether suit is filed or not, including reasonable attorney’s fees. Acceptance of partial payment by Lessor shall not constitute a waiver of any kind.
3. CANCELLATION AND REFUNDS
   3.1. Cancellations of Single Game Packages and Season Packages must be made in writing at least 30 days prior to the Event Date in order to be eligible for a partial refund. 
   3.2. Refunds: Lessee acknowledges that when a reservation has been made, Equipment has been removed from Lessor’s inventory. Therefore, the parties hereby expressly agree that any damages that Lessor would incur would be difficult or impossible to estimate. If Lessee cancels this Agreement in writing more than thirty (30) days before the start of the season or game reserved, GDR agrees to refund fifty percent (50%) of the Package Price (or portion thereof that has been paid by Lessee) in the original form of payment and allow the remaining fifty percent (50%) to apply as a credit toward any Tailgate Services purchased by Lessee for a future game, subject to availability. All Tailgate Packages are non-refundable within thirty (30) days of the date of the selected home game for a single game package or within thirty (30) days of the date of the first home game for a full season package. For avoidance of doubt, Lessee’s inability to be present for the Tailgating Services due to travel-related delays (e.g. inclement weather at their home location or en route to the event site) does not entitle Lessee to a refund. 
   3.3. Cancellation or Rescheduling of Game:  If a previously cancelled game is rescheduled, GDR agrees to provide the Tailgate Services on the date of the rescheduled game if that game is in the same football season, subject to applicable conditions, authority and regulations. Lessee is not entitled to a refund, if a cancelled game is not rescheduled; however, GDR will give Lessee a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by Lessee for a future game, subject to availability.
4. TERM
   4.1.This Agreement shall be effective for the immediately upcoming football season. Lessee may renew this Agreement for subsequent seasons at the applicable pricing rates in place at time of renewal and/or add additional products or services as they become available, subject to the terms hereof. Renewals and modifications shall not be effective until confirmed in writing by GDR. GDR agree to give first priority to existing full season clients who renew by the communicated renewal deadline (to be established by GDR following each football season), and the terms thereof, including pricing shall be subject to adjustment by GDR in its discretion.
5. CONDITIONS OF USE
   5.1.Lessee acknowledges that its use of the equipment and site is subject to and conditioned upon the following terms and agrees that GDR may exercise any of the remedies set forth herein for Lessee’s failure to comply:
   5.1.1.Lessee shall be permitted to access the Site at the respective times set forth in the rules or otherwise determined by GDR and The University of Alabama.
   5.1.2.Lessee acknowledges all risks related to its attendance and use of the site, including risk of damage to or loss of property or risk of serious personal injury or death, and accepts sole responsibility for such risks. Lessee shall secure all personal property in and around the Site and shall take all precautions necessary to prevent theft or destruction thereof. Lessee expressly acknowledges and agrees that GDR shall not be responsible for any personal property of or injury to Lessee at any time. GDR will not remove or hold for safe-keeping any personal items left on the Site after event closing and same will be subject to removal by The University of Alabama facilities. Lessee may be subject to costs and fees associated with such removal.
   5.1.3.Eligibility for any GDR drop off service is determined by GDR in its sole discretion and is based on University restrictions, staffing availability and other factors. If Lessee is eligible to participate in any GDR drop off service, the Lessee is responsible for properly packaging all items that will be transported and otherwise agrees to comply with procedures established by GDR for this “drop off service,” including but not limited to any limitations with regard to the amount and size of items to be transported. GDR will not be responsible for any damaged or broken items during unloading or loading and transportation to or from the Site.
   5.1.4.Lessee shall respect the interests of other fans and clients of GDR and shall not engage in or permit disorderly or offensive conduct in or around the Site. Lessee further agrees not to exceed the maximum number of guests allowed within the tailgate as set forth in the Exhibit B.
   5.1.5.Lessee shall keep the site in a neat and orderly manner at all times and may incur fees set forth on Exhibit B, attached hereto and made a part hereof.
6. DISCLAIMER OF WARRANTIES & WAIVER OF DEFENSES
   6.1.Lessor makes no warranty, express or implied, as to the fitness, merchantability, design, condition, material workmanship, or performance of any of the Equipment and disclaims any implied warranties of merchantability and fitness for use or purpose. Lessor further disclaims any liability for loss, damage or injury to Lessee or third parties as a result of any defects, latent or otherwise, in the Equipment, whether arising from the application of laws of strict liability or otherwise. As to Lessor, Lessee leases the Equipment “AS IS.”
   6.2.Lessor shall not be liable for any loss or damage which is incurred as a result of delay, strikes, storms, war emergencies, labor troubles, belated receipt of materials, fires, floods, water, Acts of God, or other circumstances beyond its control. Lessor shall not be liable for any damages by reason of failure of the Equipment to operate or faulty operation of the Equipment. Lessor shall not be held responsible for any direct or consequential damages or losses resulting from the installation, setup, operation or use of the Equipment furnished by Lessor.
   6.3.LESSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LESSEE OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY.
   6.4.Lessor does not assume any liability for loss or damage to any contents or personal property left in or around the tailgating area, regardless of the circumstances under which said loss or damage may occur, and whether or not the area in which the loss occurs is under the Lessor’s control.
7. SATELLITE TELEVISION
   7.1.Availability: Televisions and satellite connections are provided only with certain packages as provided for in Exhibit A. Satellite television reception may be affected by factors which are out of the control of Lessor. Lessor makes no representation, warranty or guarantee that satellite television will function without interruption during the Event. Obstructions to the satellite dish’s line of sight, inclement weather, precipitation, cloud cover, as well as dishes being disconnected or knocked over, cables being disconnected, and interruption in the electrical supply may interfere with reception or result in interruption in service. Lessor makes no guarantee to provide any channels or streaming services that are not currently available on DirecTV’s network, including any channels with football games that are not available on DirecTV due to contract negotiations. 
   7.2.Satellite Setup: All satellite systems provided pursuant to this Agreement will be set up by Lessor prior to the Event. If you provide your own television or satellite dish, you are solely responsible for its safe setup and operation, as well as for ensuring that no one is injured due to tripping, electrocution, or otherwise.
   7.3.Weather: GDR may discontinue or disconnect satellite television service if, in GDR’s sole opinion, or in the opinion or at the direction of The University of Alabama, there is a safety risk, whether due to inclement weather, standing water, risk of electrocution, poor reception, or any other reason, or if The University of Alabama initiates its Severe Weather Safety Procedure.
   7.4.Troubleshooting: In the event of an interruption in satellite television service, Lessee shall not tamper with any television or satellite equipment, but shall instead report it to Lessor at the GDR Customer Service Tent, and Lessor will make every reasonable effort to promptly resolve the issue.
   7.5.Lessee shall not move, alter, or disrupt operation of any media equipment provided by GDR. In the event of inclement weather, GDR reserves the exclusive right to cover and protect all equipment associated with the Media Package with such materials and coverings as it deems appropriate, which may include covers or hard cases for TV’s, plastic bags for receivers and generators or the like (collectively, the “Protective Equipment”). Lessee shall not remove any Protective Equipment or items contained inside Protective Equipment, and expressly acknowledges and agrees that only GDR staff shall have authority to do so. CLIENT acknowledges and agrees that its right to use the media equipment may be suspended, without refund, at GDR option, for violation of these provisions, and CLIENT further assumes all responsibility for any damages to media equipment resulting from violation of these provisions and shall reimburse GDR for the cost to repair or replace damaged equipment.
8. ASSIGNMENT AND DELEGATION
   8.1.No Assignment or Resale: The Parties agree that the contract is non-assignable. LESSEE’S RIGHTS OR INTEREST IN THIS AGREEMENT SHALL NOT BE TRANSFERRED EITHER BY LESSEE’S VOLUNTARY ASSIGNMENT OR BY OPERATION OF LAW, AND LESSEE SHALL NOT SUBLEASE ANY OF ITS RIGHTS OR INTEREST IN THIS LEASE. This includes reselling, assigning or giving away to a third party the use and enjoyment of the Equipment and tailgating services which are the subject of this Agreement.
   8.2.The Parties agree that the duties arising under this Agreement are non-delegable.
9. EVENT SECURITY
   9.1.Lessee shall provide Security Staff on the day of the Event. Lessee agrees to comply with all instructions of Security Staff regarding enforcement of Rules as described in Paragraph 7.
   9.2.Security Staff is not responsible for any loss or damage to any contents or personal property left in or around the tailgating area; Lessee shall remain solely responsible for ensuring that such personal property is secured.
10. ABANDONED ITEMS
    10.1.Lessee should not leave personal property unattended at any time. Lessor will begin dismantling all tents and tailgating equipment promptly when the electricity is cut off 90 minutes after the end of the game, as set forth in Exhibit B. Lessor does not assume any liability for theft or damage to personal property left in or around a tailgate, or anywhere else. Lessee acknowledges that any personal property remaining in or around the tailgate once Lessor begins dismantling the tailgates shall be treated as ABANDONED.
11. INCLEMENT WEATHER
    11.1.In the event of inclement weather, seek shelter immediately in a safe area. DUE TO THE RISK OF INJURY FROM ELECTROCUTION, LIGHTNING, WIND, OR FLYING DEBRIS, DO NOT SEEK SHELTER UNDER A TAILGATING TENT. Lessee is solely responsible to review the UA Gameday Severe Weather Safety Procedures prior to the Event, which are available online at www.uagameday.com.
12. MISCELLANEOUS PROVISIONS
    12.1.Authorized Signature: If the person signing this Lease is doing so as a representative of Lessee, that person guarantees that Lessee has given him/her the express authority to do so and to bind Lessee in all respects to this Agreement.
    12.2.Binding Effect: This Agreement shall be binding on Lessee, Lessee’s successors and assigns and, if Lessee is a natural person, also Lessee’s heirs, executors, administrators and representatives.
    12.3.Governing Law: This Agreement is governed by and interpreted pursuant to the law of the State of Alabama. LESSOR AND LESSEE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS LEASE OR THE CONDUCT OF THE RELATIONSHIP BETWEEN LESSOR AND LESSEE. The parties further agree that the exclusive venue for any disputes arising out of or in connection with this Agreement shall be the state and federal courts of Tuscaloosa County, Alabama, and Lessee hereby irrevocably submits to the jurisdiction of such courts.
    12.4.Indemnity. Lessee shall reimburse, defend and hold Lessor, its members, officers and employees, harmless from all losses, claims liability (including tort, negligence and strict liability), suits, fines, damages, penalties, costs and expenses, including attorneys’ fees and other costs, arising out of or relating to the use or rental of the Equipment.
    12.5.Merger: This Rental Agreement, together with Exhibit A and Exhibit B is intended to be, and does in fact constitute the complete, final, and fully-integrated agreement between the parties. It is understood that there are no other agreements or understandings, oral or written, relating to this Agreement.
    12.6.Risk of Loss: Lessee shall bare all risk of loss for damage to the Lessor’s equipment arising out of the acts or omissions of Lessee and/or Lessee’s guests, invitees, licensees, agents, or employees.
    12.7.Severability: Any provision of this Agreement which is held to be prohibited or unenforceable in any jurisdiction by a court of competent jurisdiction shall, as to that jurisdiction be ineffective to the extent of such prohibition or unenforceability; however, the remaining provisions of this Agreement shall remain in full force and effect.
    12.8.Time of the Essence: Time is of the essence in this Agreement and each and all of its
    provisions.
    12.9.Waiver: The omission by the Lessor at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions of this Agreement by the Lessee at any time designated, shall not be a waiver of any such default or right to which the Lessor is entitled, nor shall it in any way affect the right of the Lessor to enforce such provisions thereafter.
    12.10.Notices: GDR may give all notices required hereunder to Lessee by phone, email, regular mail or courier at the addresses and/or phone number on file for Lessee. All notices to GDR must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or anyother address that the party to be notified may have designated to the sender by like notice):
    Gameday Done Right, LLC
    ATTN: Accounts Receivable
    2434 Northampton Drive
    Hoover, AL 35226

Exhibit A Exhibit A provides a summary of the Equipment provided based upon the Package selected.

TENTS: Tent coverage means total combined tent square footage, may consist of one or more tents.
TABLES: All tables are 6 feet x 30 inches in size.
CHAIRS: Chairs are tailgate-style fabric folding chairs.
Exhibit B
GDR RULES AND REGULATIONS
• Lessee shall have access to the reserved areas no earlier than 7:00 a.m.on game day for Saturday games. GDR services including catering and drop-off services are available dependent on kickoff time. If Lessee wishes to unload items for their tailgate prior to Site Opening, they may do so at their own risk and expense. GDR will not be responsible for any items left by the Lessee overnight. Lessee must vacate the site no more than 90 minutes after the end of the game or midnight; whichever comes first (the “Event Close”). All auxiliary electricity will be cut at this time. All light poles and light towers will remain lit for guest safety.
• The number of persons inhabiting each reserved area will not exceed the allocated space. Space capacity for a Package 1 is 20 persons. Space capacity for a Package 2 or Package 3 is 40 persons. Space capacity for a Package 4 is 60 persons.
• All supplemental items and catering orders must be received by 5:00 PM CT on the Monday preceding the game (for Saturday games). Orders placed after this time will not be delivered or provided past said date. All supplemental items are subject to availability and are issued on a first- come first-serve basis.
• Items otherwise not provided as part of the package (i.e. cookers, grills, televisions, satellites, sound equipment, etc.), will not exceed the allocated space for each reserved area. Lessee may not install or otherwise utilize any tent(s) within the allocated space or any adjoining space that are not ordered through and installed by GDR.
• Tents and media package equipment should only be moved or relocated by a GDR staff member.
• Personal generators are not permitted on the GDR site.
• Power sources reserved with a Media Package may not be for the sole use of one tailgate. GDR reserves the right to distribute power from generators to multiple sources.
• Any items that contain heating elements including but not limited to, crockpots, griddles, coffee makers, electric grills, heaters, hotplates, popcorn machines, cotton candy machines, toasters, and any others not mentioned, are prohibited.
PACKAGE TENT COVERAGE TABLES CHAIRS MEDIA PKG EST. CAPACITY
PACKAGE 1 10’x20’ 1 5 NONE 20
PACKAGE 2 20’x20’ 3 15 NONE 40
PACKAGE 3 20’x20’ 3 15 1 40
PACKAGE 4 20’x30’ 4 20 2 60
• All fires must be contained within grills. Charcoal must be disposed in the charcoal dump stations provided by The University of Alabama. A map of these stations can be found at www.uagameday.com. All locations with the use of a grill will be required to have a 2.5-pound all purpose fire extinguisher within 15 feet of the fire.
• Live music and excessive amplified sound are not permitted within the Site.
• Common sources of alcohol, including kegs of beer, are prohibited within each reserved area. All alcohol containers must be kept out of plain view. In an effort to maintain a more family-friendly atmosphere, The University of Alabama asks fans in the reserved Tailgating Section of the Quad to conceal all alcohol and bar set-ups. It is recommended that alcoholic beverages be in cups or covered in koozies and alcoholic beverage containers or bottles (for example: liquor bottles and wine bottles) should not be stored or displayed in plain view. Lessee is responsible for purchasing and transporting alcohol to their reserved area in compliance with applicable laws and regulations.
• If Lessee utilizes a caterer not on the approved GDR vendor list, Lessee is responsible for transporting all goods to their reserved area.
• Lessee shall maintain their reserved location in an orderly manner throughout the entirety of the event. Should Lessee violate this provision, GDR management may give Lessee a verbal warning. If Lessee fails to come into compliance within 15 minutes after a verbal warning, GDR, in its sole discretion, may take one or more of the following actions:
• Assess a fine of up to $100 per Package 1 $200 per Package 2 or Package 3, and $400 per
Package 4 and/or
• Immediately revoke Lessee’s rights to the Site and in its sole discretion terminate this Agreement.
• Additionally, failure by the Lessee to return the site to its initial neat and orderly condition at the end of event may also result in a fine according to the same schedule. Factors which may cause GDR to determine that a tailgate is excessively messy include trash strewn across the ground, overturned tables and chairs, food waste strewn about the tailgate or tables, chairs and tents.
• Banners and signage recognizing businesses, political candidates or any other form of solicitation are prohibited. Signage, produced by GDR and approved by The University of Alabama, identifying each tent will be permitted at the entrance of each tent.
• Lessee acknowledges and agrees that the signage identifying each Site is uniform and provided by GDR, who reserves the right to omit any vulgar, offensive or discriminatory content requested by Lessee, in the sole and absolute discretion of GDR.
• Non-university golf carts, all-terrain and the like are not allowed on campus. Vehicles, mopeds, scooters, and the like may not be parked on the premises on which tailgate services are provided pursuant hereto.
• The University of Alabama and GDR reserves the right to implement additional rules and regulation regarding the use of the Reserved Areas/Premises, as the need arises.
• In the event a parking pass is ordered from GDR, the Lessee will adhere to the guidelines listed on the back of the parking pass established by The University of Alabama. GDR will not be responsible for securing or locating parking for guests who purchased a parking pass and are unable to park in a designated space.
• Lessee is responsible for conveying all rules and regulations to all attendees and guests at client’s tailgate and assumes responsibility for actions taken by attendees and guests at client’s tailgate.
• GDR reserves the right to take photographs or video of all customers and their guests during events and to use for various purposes, including, but not limited to Public Relations, Marketing, etc. Customer hereby waives any right to inspect or approve the finished photography/video, advertising copy, printed matter, etc.
• The University of Alabama is a Smoke-Free Campus. This includes any, and all University owned or leased facilities, properties and grounds. For purposes of this policy, “smoking” means inhaling, exhaling, burning, carrying or possessing any lighted product, including cigarettes, cigars, pipe tobacco, and any other lit products, and the use of electronic cigarettes or similar devices.
• No opposing team logos may be displayed on tents, flags, signage and banners within the Tailgate area. This guideline does not include personal clothing, caps, hats, etc. No opposing team boisterous chanting or cheering will be allowed.
• Corporate branded signage is not allowed to be attached or to be displayed inside tents. The following branded items are allowed: cups, koozies, napkins, shirts, hats, brochures, or fans. These items can be used for guests of the individual tailgate. Using these items as a way of solicitation, will be found in violations of The University of Alabama’s Solicitation Policy.
• Conducting commerce (exchanging money for goods) inside the tent and tailgate is prohibited. No solicitation is allowed including handing out brochures, cards, souvenirs to others not inside their tent. The University of Alabama has the final authority on all matters concerning the advertisement, placement of signage, etc.
• Tailgates on the UA campus, with the exception of the athletic grounds through Crimson Tide Sports Marketing, may not be used as advertising. The use of electronic media such as television, radio, social media or public print media cannot be used to solicit attendance at a tent for a group or organization on the University Campus for game day without written consent of The University of Alabama.
• If Lessee chooses to participate in the drop-off service, items must be neatly packaged and labeled, using the GDR specified container with lid on and closed. There is a 2-container maximum per tailgate. If items exceed the container limitations the lessee will be charged $100 per container and lessee may not be eligible for further use of drop-off service. Only one drop-off per tailgate site is permitted. There is no return or post-game service provided.
• No vehicles or trailers will be allowed on the grass at the Quad
• Hay and straw are not authorized on campus at any time. This material can contain destructive insects and bacteria that are harmful to the soil and grass.
• The use of drones on the UA campus, including but not limited to Bryant-Denny Stadium and the Quad, is strictly prohibited during home football weekends (Fri-Sun).