M&M Custard
Donatoin Request


M&M Custard, LLC (the “Sponsor”) and the party submitting a Donation Request (the “Recipient”) to the Sponsor regarding the event described in such Donation Request (the “Event”) agree that the Donation Request and Sponsor’s involvement in the Event, if any, shall be governed by the following Terms and Conditions:

1. Sponsor agrees to use reasonable efforts to respond to the Donation Request in writing within four weeks of receipt.

2. If Sponsor agrees to donate goods to the Recipient for use in the Event, such use shall be governed by the following:

a. Sponsor shall provide such goods as determined by Sponsor in its absolute discretion.
b. Sponsor reserves the right to specify how the donated goods are to be displayed and handled and the Event, and, if requested by Sponsor, Recipient shall display a sign, to Sponsor’s satisfaction, indicating Sponsor’s donation of such goods.

3. Recipient represents and warrants that it is the lawful owner of, or has obtained the necessary license or right to use, all rights, title, and interest, including any copyright or other intellectual property right, necessary to carry out all themes, materials, plans and programs used by Recipient or prepared for or used by Sponsor during or the Event or any related activities, including, but not limited to, promotional activities.

4. Recipient represents that it shall comply with all applicable law at all times during the Event, all periods of time related thereto, including, but not limited to, planning or clean-up periods, and all periods of time during which Sponsor is involved with the Event as described herein.

5. Recipient hereby indemnifies and holds Sponsor and its directors, officers, employees and agents (collectively, the “Indemnified Persons”) harmless from and against any and all expenses (including but not limited to reasonable attorneys fees), losses, liabilities, claims, demands and/or causes of action (collectively the “Losses”) (i) for personal injury (including bodily injury or death) resulting in any manner from the Event, (ii) arising from or relating to the Sponsor’s use of Recipient’s name or marks, or themes, materials, plans or programs prepared or recommended to Sponsor for use in Event or other related activities, and other promotional materials (including without limitation their manufacture, sale or distribution), including without limitation claims of infringement of intellectual property rights, (iii) arising from the loss, misdirection, or failure of receipt of any Donation Request, (iv) arising from Sponsor’s failure to reply to any Donation Request, for any reason, and/or (v) arising from any alleged or actual breach or failure of any representations or warranties of Recipient in these Terms and Conditions.

6. Recipient agrees and acknowledges that Sponsor and/or its affiliates owns all rights, including copyrights and trademark and trade name rights in and to the names Freddy's, M&M Custard, LLC., the Freddy's logo, and other trademarks, trade names, copyrights, logos, and other intellectual property (“Freddy's Marks”) and any use by Recipient of same (which use must be approved in advance by Sponsor) shall inure to the sole benefit of Sponsor. Recipient shall not alter any element of the Freddy's Marks without the prior written approval of Sponsor. Any failure to comply with the foregoing restrictions shall constitute a material breach of these Terms and Conditions. Recipient shall immediately cease any use of the Freddy's Marks to which Sponsor objects.

7. Sponsor shall be excused for any failure to perform due to labor dispute, war, weather or any other cause beyond its reasonable control.

8. To the extent that the Event or any promotion thereof, involves a sweepstakes or other contest, Recipient shall at no time represent that Sponsor is a sponsor or co-sponsor of such sweepstakes or contest.

9. Recipient grants Sponsor the right to use the Recipient’s name and marks, and all themes, materials, plans and programs prepared or recommended to Sponsor for use in the Event, in connection with advertisement, promotion and marketing of the Event.

10. Recipient warrants and represents that its representative consenting to these Terms and Conditions has full power and proper authority to do so and to bind the Recipient.

11. Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners, or joint venturers.

12. Recipient shall not assign, sublicense, transfer, encumber or otherwise dispose of all or any part of its interest in these Terms and Conditions without Sponsor’s prior written consent.

13. Recipient acknowledges that the rights and powers retained by Sponsor hereunder are necessary to protect its intellectual property rights and, specifically, to conserve the goodwill and good name of Sponsor and its products, and therefore Recipient agrees that it will not allow the same to become involved in matters which will, or could, detract from or impugn the public acceptance and popularity thereof, or impair their legal status.

14. If any provision of these Terms and Conditions is found unenforceable for any reason, the remainder of the Terms and Conditions will continue with full force and effect.

15. All decisions by the Sponsor regarding its involvement in the Event or any other matter related hereto shall be final.