Terms of Use

The signatory now authorizes and directs the Charros to advertise during the 2024 Spring Training Season as specified above under the terms & conditions outlined in this Agreement and the Charros TERMS AND CONDITIONS OF SALE set forth below. The Agreement and the Charros TERMS AND CONDITIONS OF SALE set forth all of the terms & conditions governing this Agreement, and promises of any kind not set forth herein shall not bind or in any way affect the obligations of the parties to this agreement. This agreement shall be non-assignable and non-cancellable by the advertiser upon acceptance by the Charros.

1. This Agreement is between the Scottsdale Charros, Inc., from now on referred to as the “Charros,” and the customer appearing on the face of this contract either directly or through its advertising agency herein collectively referred to as the “Advertiser,” both of whom shall be liable, jointly and severally, for payments due and performance required hereunder.
2. Advertiser agrees that it shall provide the Charros with digital artwork in accordance with the Charros’ instructions on or before the date(s) established by the Charros as the closing date for the publication or venue in which the advertisement is to appear. In the event Advertiser fails to do so for any reason, the Charros, in its sole discretion, shall print Advertiser’s copy previously approved or a non-revenue producing public interest advertisement. There shall be no reduction in the amount due the Charros hereunder in the event of such occurrence.
3. Advertiser shall pay to the Charros the aggregate amount set forth on the face of this Agreement within thirty (30) days following receipt of an invoice for such amount. In the event of a late payment, a late charge equal to 1.5% per month (or, if that may be unlawful, the maximum amount allowed by law) of the face amount of the invoice shall accrue.
4. Unilateral cancellation of the advertising space purchased by Advertiser under the terms of the Agreement is not permitted, in whole or in part, either before or after the scheduled closing date for and publications(s) or venue in which Advertiser has purchased advertising space. Any attempt to do so shall not reduce Advertiser’s obligations to pay all sums due hereunder.
5. Advertiser shall, at its sole cost and expense, indemnify, hold harmless and defend the Charros, any other publishers, re-publishers, sellers, and/or distributors of the publication (in which Advertiser’s advertisement appears) and of the advertising provided by Advertiser from any liabilities, damages, costs, expenses (including but not limited to attorney’s fees and litigation expenses) and claims arising or alleged to have risen, directly or indirectly, out of the advertising copy provided by Advertiser, whether such claim is based on alleged copyright and trademark violation, trade libel, obscenity, misrepresentation, misappropriation, unfair competition or otherwise.
6. Advertiser agrees that if its advertisement does not appear when requested for any reason, its sole remedy shall be to require the Charros, at the Charros’ option, to reschedule the ad and provide a prorated credit to Advertiser. In no event shall the Charros, or any other party involved in the production, distribution, and sale of the publication(s), be liable to Advertiser for any special or consequential damages or for loss of profits due to the publication of an advertisement as submitted.
7. The Charros reserve the right to limit the amount of space afforded any one advertiser or any category of advertising (whether by product line or motif).
8. The Charros, in its sole discretion, reserves the right not to accept any advertisement copy provided by any advertiser. In such an event, the Charros shall not be required to provide the Advertiser with any reason for such rejection.
9. Neither the Charros nor any party involved in the printing, publication, distribution, or sale of the publication(s) shall be responsible or liable for delays due to strikes, lockouts, embargoes, labor problems, fuel or power shortages, fire, floods, accidents, civil disturbances, war, acts of God, a pandemic, or other causes beyond its control.
10. If Spring Training is canceled for any reason before the season begins, the Charros will refund to Advertiser all sums paid for tickets or advertising less direct costs incurred by the Charros.
11. If Spring Training games are canceled once the season begins due to strikes, lockouts, embargoes, labor problems, fuel or power storages, fire, floods, accidents, civil disturbances, war, acts of God, a pandemic, or other causes beyond its control to include a pandemic, the following refund policy will apply for Tickets, Season Tables and Concourse Booths. Full Refund for all games canceled.
12. If Spring Training games are canceled once the season begins due to strikes, lockouts, embargoes, labor problems, fuel or power storages, fire, floods, accidents, civil disturbances, war, acts of God, a pandemic, or other causes beyond its control to include a pandemic, the following refund policy will apply for all stadium advertising. (1-8) Games Played = Half Season/50% refund of sum paid; (9+) Games Played = Full Season/ 0% refund.
13. The Charros shall not be liable for any errors in any digital artwork or film(s) furnished by the Advertiser.
14. The Charros agree to reimburse the Advertiser for any mechanical and engraver charges incurred by the Advertiser replacing materials lost or damaged while in the possession or control of the Charros.
15. At its sole option, the Charros may cancel this agreement at any time if the Advertiser fails to pay the aggregate sums due hereunder or in the event of any other breach of this agreement by the Advertiser. Upon such cancellation, all costs and damages incurred by the Charros for Advertiser shall become immediately due and payable.
16. If the Advertiser defaults in the payment of Charros invoice(s) or if in the judgment of the Charros, the Advertiser’s credit becomes impaired, the Charros shall have the right to require payment for any future advertising in advance of publication or upon such other terms as the Charros may deem appropriate.
17. The Charros, subject to all the limitations and exceptions outlined in this Agreement, represent and warrant to Advertiser that industry standards will reproduce its advertisement.
18. In the event of the default or breach of this Agreement by Advertiser, Advertiser shall pay to the Charros, as liquidated damages and not as a penalty, the total order amount, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such default or breach. In the event of the default or breach of this Agreement by the Advertiser, the Charros have the right to resell the advertising space reserved for the defaulting or breaching Advertiser. If the Charros can resell said advertising space, the Charros will waive this provision, and Advertiser shall pay to the Charros as liquidated damages, and not as a penalty, one-third the total sum of this Agreement, plus costs, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such default or breach.
19. Advertiser agrees to pay the Charros reasonable attorney’s fees and all costs and other expenses incurred by the Charros in securing collection or compromising any claim by the Charros against Advertiser hereunder, in addition to other relief to which the Charros may be entitled.
20. The acceptance by the Charros of the Advertiser’s advertisement does not constitute any endorsement of the Advertiser’s product or service by the Charros nor by the owners, players, or teams featured.
21. A waiver by either party of any default or breach by the other party shall not be considered as a waiver of any subsequent default or breach of the same or any other provisions of this Agreement.
22. This Agreement shall be interpreted and governed under the laws of the State of Arizona.
23. This writing contains the entire agreement of the parties. No representations were made or relied upon by either party other than those expressed herein. No agent, employee, or another representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an executive officer of the respective parties hereto.
24. Charro Lodge Rain Out Policy. Scottsdale Stadium and the Charro Lodge both open one hour prior to the start of the game. If the stadium gates do not open, you will receive a 100% refund* of the Charro Lodge ticket price paid or credit towards another home game within the current season based upon availability. *Rainout/Cancellation refunds will only be available by written request for thirty (30) days following the conclusion of the season. If the stadium opens, but a pitch is not thrown, the Charros will refund* 50% of the Charro Lodge ticket price paid or credit the amount towards another home game – subject to availability within the current season. If the 3rd inning is completed, there will be no refunds offered.

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