For Salons and stylists
Mirror Placement & Display Agreement
This Mirror Placement & Display Agreement ("Agreement") is entered into as of,
(Date entered in form)
by and between
Anova Media, LLC, a Florida limited liability company ("Company"),
and,
(Stylist or Salon Name)
("Client").
Company and Client may be referred to individually as a "Party" and collectively as the "Parties."
1. Purpose
Company provides advertising and digital display services through tablets mounted to salon mirrors, including related mounts, wiring, and accessories ("Equipment").
Client agrees to permit Company to place and display the Equipment within Client's salon or workspace solely for advertising, informational, entertaining and promotional purposes, subject to the terms of this Agreement.
2. Term
This Agreement shall commence on,
(date entered in form)
and shall continue on a month-to-month basis unless earlier terminated in accordance with Section 10.
3. Placement & Monthly Payments
Company shall pay Client a "usage" fee of $25.00 per-tablet, per month.
Compensation shall increase as advertising space on each mirror tablet is sold, up to a maximum of $350.00 per tablet per month, subject to advertiser participation and revenue generated in consideration for allowing the Equipment to be installed and displayed at Client's premises.
Payment shall be made on the 1st of each month, and is conditioned upon: the Equipment remaining installed in its approved location/position and the Equipment being on and running, and reasonably accessible during Client's normal business hours.
Temporary, minor interruptions due to routine maintenance, power outages, or normal business operations shall not constitute a breach.
4. Ownership of Equipment
All Equipment remains the sole and exclusive property of Company at all times.
No ownership, leasehold interest, lien, or security interest is transferred to Client under this Agreement.
5. Responsibilities
Company shall be responsible for installation, removal, and any required mounting of the Equipment.
Installation shall be performed in a commercially reasonable manner and shall not materially interfere with Client's normal business operations.
Client may reasonably approve the initial placement location, which shall not be changed without mutual agreement.
6. Client Use & Care
- Client agrees to:
Permit the Equipment to remain in its approved locations; - Use reasonable care to avoid damage to the Equipment. Installation shall be performed in a commercially reasonable manner and shall not materially interfere with Client's normal business operations.
- Not intentionally remove, relocate, modify, or tamper with the Equipment without Company's prior written consent.
- Client shall have no obligation to monitor, operate, or service the Equipment.
7. Maintenance & Repairs
Company shall be solely responsible for:
Routine maintenance;
Software updates or Repairs resulting from normal wear and tear or equipment malfunction.
Company shall perform repairs within a reasonable timeframe after receiving notice from Client.
8. Damage or Loss
Client shall be responsible for loss of or damage to the Equipment only to the extent caused by Client's gross negligence, willful misconduct, or intentional acts, including those of Client's employees acting within the scope of their duties.
Clients shall not be responsible for:
normal wear and tear, accidental damage by third parties not under Client's control;
theft absent Client's gross negligence; or damage caused by Equipment defects or improper installation
9. Insurance
Company represents that it maintains commercially reasonable insurance covering its Equipment. Client is not required to insure the Equipment.
10. Termination
Either Party may terminate this Agreement for any reason upon thirty (30) days' written notice.
Upon Termination:
Company shall remove the Equipment at a mutually agreed time during normal business hours; Company shall repair any material damage to Client's premises caused by removal, reasonable wear excluded;
No early termination fees shall apply
11. Independent Contractors
The Parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employement relationship.
12. Limitation of Liability
To the fullest extent permitted by law, neither Party shall be liable for indifrect, incidental, consequential, or punitive damages, including lost profits, arising out of this Agreement.
Company's liability for any claim related to the Equipment shall not exceed the fair market value of the affected Equipment.
13. Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Venue shall lie exclusively in the state or federal courts located in Florida.
14. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supercedes all prior or contemporaneous oral or written agreements relating to the subject matter hereof. Any amendments must be in writing and signed by both Parties.