This PnP Lot Owner Agreement is made on this date by and between the Lot Owner (as defined in the Lot Owner Profile) and Park n Party, LLC, a Michigan corporation ("PnP").
With written notice to the other, either party may immediately cancel this Agreement with or without cause. If the Agreement is properly cancelled by PnP, Lot Owner must honor all Reservations (as defined below) already made by Customers for any listed event through the date of cancellation. If the Agreement is properly cancelled by Lot Owner, PnP shall pay to Lot Owner over the appropriate time period and in accordance with its then current policies any Payments (as defined below) due Lot Owner.
Lot Owner & Reservation
A Lot Owner is a person (or entity) who legally owns, operates, or controls a parking lot, parking structure, parking space, piece of property, or other defined area (a “Lot”) and lists it’s parking spaces, tailgate spots, products, services, amenities, or other items (collectively, “Items”) on a PnP authorized System for the purpose of accepting Reservations to a particular event and to collect fees for Items; or, a person (or entity) that does not own, operate, or control a Lot but instead provides products and/or services to PnP and/or its Customers in its capacity as a third-party provider ("Vendor").
A Customer’s reservation or purchase of Items from a Lot Owner for a particular Lot and specific event via a PnP authorized System constitutes a “Reservation”. The fees charged by Lot Owner for Items sold for a particular Lot and specific event (e.g., parking fee, club pass, equipment rental, etc.) are defined as “Reservation Fees”.
By listing Items with or selling products and services through PnP, Lot Owner agrees to honor all Reservations at listed prices and in accordance with the terms and conditions contained herein. Lot Owner warranties and represents that all information provided in its PnP Lot Owner Profile, Lot Listings, and Lot Information pages, together with all other materials and information provided are accurate in all respects (collectively, “Information”). Lot Owner agrees to carefully and regularly review and proof-read Information and to promptly update Information and to notify PnP of any changes that are to be made to Information and to take full responsibility (financial and otherwise) for any and all issues related to and/or caused by any inaccurate Information.
Lot Owner agrees to abide by all then-current PnP methods, policies, and procedures, including, but not limited to, fulfilling and managing Reservations, providing Items, offering and facilitating refunds, maintaining customer service standards, and delivering and executing PnP advertising.
Lot Owner understands and agrees that it is illegal to list Items that Lot Owner does not legally own or does not have expressed written permission to use for a proper purpose (e.g, accepting Reservations for public street parking, public lot parking, or for somebody else’s property). Any violations of law, ethical standards, or fair business practices (as solely determined in the opinion of PnP) will result in the immediate termination of Lot Owner’s PnP relationship. PnP maintains the right to request proof of ownership or other information in order to verify Lot Owner’s authority to list and accept Reservations for Items at a particular Lot.
Payment to Lot Owner
For each properly fulfilled Reservation accepted by Lot Owner, PnP guarantees payment of the applicable Reservation Fee to Lot Owner (“Payment”). Payment will be issued to Lot Owner in the form of a printed check (mailed to a proper address) or via Electronic Funds Transfer (paid to a proper bank account), as determined by PnP policies. Payment will be processed within seven (7) business days of the conclusion of a scheduled event. Payment will be net of Listing Fees (if applicable), refunds, charge-backs, commissions, and other balances due PnP by Lot Owner.
Lot Owner agrees to provide PnP with the information it requires in order to make timely Payment. Additionally, in the event of a Customer payment dispute (e.g., credit card charge-back) or other Customer related issues, Lot Owner agrees to fully cooperate, in all respects, with PnP as it endeavors to amicably resolve such disputes.
Park n Party Listing Fee
Lot Owner understands and agrees that PnP is entitled to collect and retain for its own purposes and accounts all Convenience Fees, Listing Fees, Advertising Fees, and any and all other non-Reservation Fees it may receive from Customers, Sponsors, Advertisers, or others parties (collectively, “Service Fees”). Reservation Fees are set by the Lot Owner at its sole discretion. Service Fees are set by PnP at its sole discretion.
In exchange for listing Items and receipt of the many services and benefits provided by PnP, Lot Owner agrees to pay to PnP a “Listing Fee”. The Listing Fee is to be calculated on an event by event basis as follows:
For the 2018 calendar year, the Listing Rate and Additional Listing Rate is waived for new and returning Lot Owners.
Lot Owner agrees to pay PnP a Listing Fee based upon the sum of the then current “Listing Rate” and “Additional Listing Rate”. The Listing Rate is calculated based upon the first fifty (50) parking spots and tailgate spaces listed for an event by Lot Owner on PnP.
For each additional ten (10) parking spaces and tailgate spots listed for an event by Lot Owner on PnP, Lot Owner agrees to pay the Additional Listing Rate.
As of January 1, 2018, the Listing Rate is a minimum of $0.00 per event, the Additional Listing Rate is $0.00 per event as applicable. Notwithstanding, at our sole discretion, no Listing Rate or Additional Listing Rate will be charged to designated Charter Lots.
For purposes of example only, if a Lot Owner lists 45 parking spaces and 15 tailgate spots (a total of 60 spaces and spots) on PnP for the UM vs. MSU football game, the Listing Rate would be $0.00 for the first 50 spaces and spots, the Additional Listing Rate would be $0.00 for the additional 10 spaces and spots, the Listing Fee would be $0.00.
PnP reserves the right to revise the Listing Fee, Listing Rate, and Additional Listing Rate with thirty (30) days written notification to Lot Owner. As a general matter, an email to Lot Owner’s most recently available email address shall satisfy any PnP written notification requirements described in this Agreement or any other agreement between the parties.
If for any event the Payment due Lot Owner is less than the Listing Fee earned by PnP, PnP agrees not to charge Lot Owner a Listing Fee for that event.
In the proper computation of Payment, Lot Owner authorizes PnP to make appropriate adjustments to Lot Owner’s account. Such adjustments may include, but are not limit to: (a) a Reservation is properly cancelled for any reason; (b) a refund is due Customer based upon established policies and practices; (c) a valid claim is made as part of the PnP Guarantee; (d) PnP reasonably believes that Lot Owner committed fraud or other illegal acts or omissions; (e) as part of any Reservation, Lot Owner provides improper services or misrepresents Items.
Lot Owner agrees that PnP is in no way responsible for the payment of Lot Owner’s tax and fee obligations, liabilities, penalties, or interest. Lot Owner shall indemnify and hold PnP and its parents, subsidiaries, affiliates, officers, shareholders, partners, managers, directors, agents, vendors, and employees harmless against any and all liabilities, costs, interest and expenses (including actual attorneys' fees) incurred by PnP that arise out of any third party, governmental, quasi-governmental claim(s) that involves, relates to or concerns (i) any federal, state, local or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of the Lot Owner and/or PnP .
Customer name, address, and contact information may be provided to Lot Owner for the sole purpose of ensuring a Reservation is properly fulfilled. Such information may not be used by Lot Owner for any other purpose, including, but not limited to, solicitations, sales, marketing and advertising, or any other business or personal use. All Customers, Customer Information, customer lists, emails and email addresses, contact information, marketing and advertising materials, rental agreements, and any related information belong solely to PnP and shall not be used by Lot Owner or any affiliate, director, assign or employee of Lot Owner for any purpose whatsoever without prior written authorization from PnP.
Dispute Resolution & Guarantee
The Park n Party Guarantee (“Guarantee”) provides Customers with protection and motivation to make Reservations with PnP. Thus, Lot Owner agrees to abide by the terms and conditions of the Guarantee and to comply with the Guarantee resolution process in the event a Customer files a Guarantee claim. Lot Owner understands and agrees to permit PnP to make all final decisions, in its sole discretion, concerning any Guarantee claim. If a Guarantee Claim is resolved in favor of a Customer, a refund will be provide to Customer and an adjustment made to Lot Owner’s Payment. A failure to honor the Guarantee and/or comply with the Guarantee resolution process is adequate grounds for termination of the Lot Owner agreement. Details of the PnP Guarantee are posted and updated on our website at: http://www.parknparty.com/site/our-guarantee
Grant of License
Lot Owner grants PnP a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright right, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to PnP in connection with the use of PnP and its Services. Lot Owner agrees that PnP shall be permitted to use its name or user ID, home city, and other ancillary information (for example, the number of years with PnP) in connection with website content and in conjunction with PnP 's marketing, promotion, and publicity efforts in any media known now or in the future.
Lot Owner agree to indemnify and hold PnP and any of its parents, subsidiaries, affiliates, officers, directors, shareholders, managers, attorneys, agents, vendors, and employees, harmless against any claim or demand and all liabilities, costs, and expenses (including actual attorneys' fees and court costs) incurred by PnP that arise out of any claim asserted by a Customer or third party that involves, relates to or otherwise concerns any of Lot Owner’s actions or omissions on this Site, at its Lot or other location, or is in any way connected with a Reservation or Lot Owner’s business and business practices, including, but not limited to, Lot Owner’s breach of this Agreement or violation of any law or the rights of a third party.
Display of Logo
PnP hereby grants you a non-exclusive license to display the PnP Logo as described herein (including those provided to you by PnP or contained in the Developer Site). Notwithstanding anything to the contrary herein, PnP shall retain final approval over the placement of each such PnP Logo on your Application, marketing materials, your site, and/or in any other way, manner, or form whatsoever, which such approval may be withdrawn or withheld in PnP 's sole discretion.
PnP makes no guarantees with respect to the availability or uptime of the PnP Site, the PnP Content or the Database. PnP may conduct maintenance on any of the foregoing at any time with or without notice.
Copyright (c) 2018, Park n Party, LLC. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of PnP or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of PnP and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
Waiver of Consequential Damages; Liability Limit. PnP expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the Services or the site, or the suspension, termination or malfunction of the Services or the site. PnP 's cumulative liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking reservations and other Items you bought and/or sold via PnP in the six (6) months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan and shall in all respects be interpreted, enforced, and governed under the internal and domestic laws of such state, without giving effect to the principles of conflicts of laws of such state. Any claims or legal actions by one Party against the other arising out of the relationship between the Parties contemplated herein (whether or not arising under this Agreement) shall be governed by the laws of the State of Michigan, and all actions and proceedings shall have their venue in Washtenaw County, Michigan, or the closest venue to the principle offices of Park n Party, LLC.
PnP may at any time modify these terms and conditions with or without notice to you and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at firstname.lastname@example.org.
Reservation of Rights
The Park n Party ("PnP") name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Park n Party, LLC, a Michigan Corporation. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any PnP or third party trademarks or logos without the prior written consent of PnP or the applicable trademark owner.
The service provided by PnP is limited to: providing our Customers with information concerning the expected availability of parking spaces, tailgate spots, and other products, services and amenities for specific events. The decision to utilize PnP services is solely your own and you are responsible for your decisions and assume all related risks. The allocation of parking spaces and tailgate spots within a Lot is solely in the control of the Lot Owner. A Lot Owner may or may not, at its sole discretion, attend or otherwise secure a lot or facility. PnP is not responsible for any consequences arising from the lack of suitable parking, nor do we make any specific representations about the safety, security or viability of any particular lot, parking space, tailgate spot, product, service or amenity made available by a Lot Owner, its assignees, or representatives.
In all cases, your reservation or purchase of a parking spot, tailgate space, products, services, or amenities from Lot Owner (the “Reservation”) will be governed solely by the terms and conditions offered by the Lot Owner as may or may not be posted at their location, facility, or otherwise provided to you by them.
Park n Party does not:
- Provide parking spots or service, tailgate spaces or services, operate a parking or tailgate lot or otherwise accept custody of motor vehicles or other property in any form. Such services are provided by others and they are in no way our agents or acting in our behalf;
- Accept any responsibility whatsoever regarding the safety of persons or property in the Lot selected by Customers;
- Warrant that the Internet, our website or any email from us is free of 'viruses' or other potentially harmful effects;
- Endorse the use of cell-phones or other communications devices while driving;
- Guarantee the availability of a specific parking space, tailgate spot, products, services, or amenities at the Lot you selected;
- Assume any responsibility whatsoever for the consequences of not being able to park, tailgate, use or utilize any products, services, or amenities, to attend an event, or for any delays as a result of weather, traffic, accidents, construction, event cancellation, or other obstructions or delays while going to, attending, or leaving an event.
Personal & Non-commercial Use
The PnP website and its associated appendages and Materials are intended for personal, non-commercial use. You may not use robots or other automated means to access this Site, unless specifically permitted by PnP . You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your Customer Profile information (if applicable) in order to keep it current, complete, and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of Materials or Content on this Site, including reproduction for a purpose other than that noted above without PnP 's prior written consent is strictly prohibited.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to PnP or any other user of this Site (collectively, "Comments"), shall be and remain the exclusive property of PnP and may be used by PnP in any medium and for any purpose worldwide without obtaining your specific consent. Comments may be used by PnP in any medium whatsoever, including, but not limited to, radio, television or print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. PnP is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Neither PnP nor any other person(s) or entities guarantees or warrants the accuracy or completeness of the information or content included on the websites of these outside services and resources.
Making a Reservation, Purchasing Products and Services
On event day, in order to gain access to a Lot Owner’s parking space or tailgate spot or to receive any amenities, products, or services, Customer must make a proper PnP Reservation via its approved Systems, methods, processes and procedures and present Lot Owner or its designated representatives, in a timely fashion, proper proof of Customer’s Park n Party Reservation (“Proof of Reservation”).
A Reservation shall only be made via a system, method, process or procedure authorized and approved by PnP in accordance with its then current policies and procedures. Customer’s failure to provide proper Proof of Reservation may result in Customer’s inability to access a Lot’s parking space or tailgate spot, or to receive amenities, products or services and, under such circumstances, Customer will not be entitled to receive a refund in any form.
Customers are solely responsible for ensuring their timely arrival to Lot on event day. “Late Arrival” is defined as arriving to Lot, on event day, less than thirty (30) minutes prior to event’s scheduled start time for non-premium events or sixty (60) minutes prior to event's scheduled start time for premium events. In the case of Late Arrival, each Lot Owner, at its sole discretion, shall decide whether or not to honor Reservation. Refunds for Late Arrival will be offered in accordance with then current PnP policies. PnP is not liable for the decisions made by Lot Owners or their representatives, road closures, vehicle problems, changing traffic conditions, weather, acts of god, event cancellations or any other circumstances that may cause a Late Arrival.
A Reservation is only for the time and date specific to an event. Based upon each Lot Owner’s individual policies, Customer may be required to arrive at an event no earlier than a specific time, no later than a specific time, or may be required to vacate Lot by a certain time or be subject to additional charges, fees, towing, etc.
If a Lot permits tailgating on its premises, it is Customer's responsibility to comply with Lot Owner’s rules and regulations as well as any and all federal, state, and local laws governing such activities (e.g., no open flames, no cooking, no alcohol, refuse pickup, etc.).
Cancellations and Refunds
A Reservation properly placed and confirmed through an approved PnP systems is refundable in accordance with then current PnP policies and procedures, which shall be posted on www.parknparty.com when applicable.
Circumstances surrounding postponed or cancelled events are unpredictable. PnP will make reasonable efforts to assist with resolving issues resulting from cancellations. However, PnP is not responsible for postponed or cancelled events, partial performances, or venue, date, or time changes. At PnP's sole discretion, credits or refunds may be issued in accordance with then current PnP policies and procedures, which shall be posted on www.parknparty.com when applicable.
All prices and Reservation Fees quoted by PnP are set directly by Lot Owners and not by PnP. All Convenience Fees and other charges are set by PnP.
Last modified on July 13, 2018