The Frankfort-Elberta Athletic Association may provide you with the ability to help fund improvement projects at Lockhart Field. By funding any Project, you warrant and agree that you will pay the amount pledged. When you fund any project, you represent and warrant that you have provided accurate, complete, and current personal information and accurate, complete, and current information concerning your payment method. When you fund any project, your payment method will only be charged in the Pledged Amount. You understand and agree that the Frankfort-Elberta Athletic Association may place a hold on your payment method in the Pledged Amount or verify that your payment method has sufficient funds to cover the Pledged Amount prior to charging your payment method.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your Pledged Amount. All costs and fees are payable in United States Dollars, and you acknowledge that the Frankfort-Elberta Athletic Association is not responsible for any foreign transaction fees or any other fees charged to you by your financial institution or the Frankfort-Elberta Athletic Association’s payment processor. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against the Frankfort-Elberta Athletic Association.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify the Frankfort-Elberta Athletic Association within ten (10) days of any such dispute. You understand that your failure to notify the Frankfort-Elberta Athletic Association of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
Some campaigns may give rewards for certain pledge amounts. Please see the specific project page for the complete list of project rewards.
Funding certain amounts may qualify you to receive certain Rewards. The Rewards and requisite funding levels listed on the project page will remain final once the campaign funding period begins. Prior to the beginning of the campaign period, the Frankfort-Elberta Athletic Association reserves the right to modify the rewards and any project pages.
Completion of any project
Funding is considered consideration for rewards; the City of Frankfort does not warrant or guarantee that any project will be successfully completed. You agree not to hold the City of Frankfort or the Frankfort-Elberta Athletic Association liable for the failure to complete any project.
Should any project fail, any merchandise purchased and/or received as rewards cannot be returned or refunded.
No Business Interest
You understand and agree that your participation in any project funding campaign does not in any way constitute a direct or indirect interest in Lockhart Field, the City of Frankfort, or the Frankfort-Elberta Athletic Association.
You agree to hold harmless, indemnify, and defend the Frankfort-Elberta Athletic Association and the City of Frankfort, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your participation in Lockhart Field crowdfunding campaigns. Your obligation to defend the Frankfort-Elberta Athletic Association under the terms of this Agreement will not provide you with the right to control Frankfort-Elberta Athletic Association’s defense and choose its counsel regardless of your contractual requirement to defend the Frankfort-Elberta Athletic Association.
Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Michigan. You agree that any claim or dispute you may have against Frankfort-Elberta Athletic Association or the City of Frankfort must be resolved by a court located in Benzie County, Michigan. You agree to submit to the personal jurisdiction of the courts located within Benzie County, Michigan for the purpose of litigating all such claims or disputes.
The Frankfort-Elberta Athletic Association and the City of Frankfort will not be responsible for any delay or failure in performance of any project arising out of any cause beyond the control of the Frankfort-Elberta Athletic Association and (or) the City of Frankfort, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or any project.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. The Frankfort-Elberta Athletic Association and the City of Frankfort reserves the right to assign its rights and duties under this Agreement.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.
This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.