Booth App And Agreement

Thanks for considering a sponsorship of Diablo View Rotary’s First Annual Hound Hustle! You’re almost to the finish line. Please fill out this form and the attached booth agreement and send them, along with a check for $50 (or $70 if you’d like a shirt – specify shirt size) made payable to Diablo View Rotary for each category you check below, to: Dawn Ceizler 1280 Boulevard Way, Suite 105 Walnut Creek, CA 94595 I want to join the Hound Hustle’s sponsorship group. I am a  Vet  Dog sitter  Dog walker  Dog groomer  Pet food representative  Barkery  Dog Trainer  Dog accessory representative  Other (subject to approval by Diablo View Rotary for proper subject matter given the event’s nature) Name: _______________________

Date: _____________________

Address: ________________________ ________________________ _________________________ Phone Number: ____________________ We will only have two of each sponsorship group, so the first two checks to clear will have a booth. If a spot is taken, your check will be returned. Should you wish to check availability, please contact Dawn Ceizler at (925) 932-8225. Thanks again for the support!

Booth Agreement This Booth Agreement (“Agreement”) is entered between Applicant (signature below) and Diablo View Rotary, a not for profit organization (“DVR”). WHEREAS, Applicant wishes to advertise its products and/or services at DVR’s First Annual Hound Hustle; WHEREAS, DVR wishes Applicant to participate as a sponsor at its First Annual Hound Hustle to be held on October 10, 2009 (the “Event”); NOW, THEREFORE, for and in consideration of this Agreement and the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Applicant’s Consideration. Applicant shall provide DVR $50 for the right to rent a space in which a booth not larger than 10 by 10 feet will be used by Applicant to advertise its goods and/or services on the day of the Event. 2. Diablo View’s Consideration. Diablo View will ensure that a space that is not smaller than 10 by 10 feet will be made available to Applicant to set up its booth and/or informational table on the day of the Event. 3. Applicant’s Representations. Applicant represents that it is a provider of the services identified in its application. If Applicant provides more than one good or service to the public, Applicant represents it will not market those goods and services on the day of the Event unless it has paid for a sponsorship for those services. Applicant understands that DVR is limiting marketing to two of each type of sponsor and any attempt to advertise goods or services other than those for which Applicant has applied will be a material breach of this Agreement. 4. Booth Preparation and Clean Up. Applicant understands and agrees that it will be solely responsible for all materials needed for its booth. Applicant will be solely responsible for setting up, breaking down, and maintaining its booth. Applicant will be solely responsible for removing any waste generated from its booth. Applicant will have its booth set up before 8 a.m. on the day of the Event and broken down by noon. If Applicant experiences any delays in breaking down or setting up its booth which result in additional fees being incurred by DVR, Applicant agrees to pay those fees. Indemnification. Applicant agrees to indemnify and hold DVR, Golden State Greyhound Association, and any of their agents, representatives, or volunteers harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to my participation the Event, including my participation as a booth sponsor.

5.

Attorney’s Fees and Costs. Applicant and DVR agree that in the event of a dispute arising under or related in any way to this Agreement, the non-prevailing party shall pay all costs and expenses, including reasonable attorneys’ fees, that may arise or accrue from enforcing this Agreement or in pursuing any remedy provided by applicable law whether such remedy is pursued or sought by mediation, arbitration, the filing of a lawsuit, and appeal, or otherwise.

6.

7. Facsimile Same as Original. This Agreement may be executed by facsimile or via email with an attached scanned version of the signed Agreement, which shall be deemed an original. 8. No Construction Against Drafters. No provisions of this Agreement shall be constructed against or interpreted to the disadvantage of any party by any court by reason of such party’s having or being deemed to have drafted, prepared or imposed such provision.

AGREED:

By:_______________________________ [Name] Its:_______________________________ [Title]