Last Updated: August 7, 2017
These terms and conditions (the “Terms”) govern your application for, scheduling and holding a fundraising event or events (each, an “Event”) at a FIRO Fire Kissed Pizza or its affiliates or authorized operators (collectively, “FIRO”) location. Event requests are NOT guaranteed unless your submitting organization (“Organization” or “you” for purposes of these Terms) receives a confirmation email from FIRO. To be considered for approval of an Event, you must submit accurate information and both the Event and the Organization must be appropriate for a family-friendly environment, as determined in FIRO’S sole discretion. You represent and warrant that all information provided to FIRO regarding the Organization shall be accurate and complete in all respects.
If your Event and its proposed date are approved by FIRO, the following additional conditions apply:
- For each approved Event, FIRO will donate twenty-five percent (25%) of net food and beverage sales (excluding tax, tips, and discounts) for each transaction accompanied by a Flyer or confirmed email that is presented by a customer at the time of purchase during the Event. Purchases of FIRO gift cards and non-food retail items do not count toward the net food and beverage sales for the Event.
- FIRO fundraiser events can only be held on a Monday, Tuesday, Wednesday, or Thursday of each specific week depending on location.
- FIRO (or its participating franchisee for the approved store location, as applicable) will mail a check to the Organization for the total donation amount no more than 30 days following the Event. FIRO will provide you a written accounting upon written request.
- You will be provided with one electronic version of the Event fundraising flyer (the “Flyer”) for copying and distribution by the Organization as described below.
- The Flyer artwork, excluding your name, is owned by FIRO and may ONLY be used by you as described in these Terms.
- You have the right but not the obligation, solely in connection with the Event, to: (1) at your own expense, send Flyers to all supporters in your database; (2) post the Flyer to your website; and (3) distribute the Flyer to the Organization’s employees, friends, families and members of the community to promote the Event.
- The Organization may make copies of the Flyer at its own expense; all other advertising costs related to the Event incurred by the Organization are also the responsibility of the Organization.
- You may not issue a press release or engage in any other publicity promoting the Event except as described herein, without FIRO’S prior written approval.
- You may not distribute Flyer’s to FIRO guests inside or outside the premises of one of our restaurants.
In connection with the Event, FIRO grants you a limited, non-exclusive, non-transferable, royalty-free right and license to use, reproduce and publicly display FIRO’S name, trademarks and logo (collectively, the “FIRO Marks”) as embodied in the Flyer and to promote or otherwise factually describe the Event. FIRO shall have the right to monitor the quality of your use of its name, trademarks, and logo. You shall not use the FIRO Marks in any manner other than for the limited purposes of the Event as described herein. You acknowledge and agree that: (i) you shall not use the FIRO Marks in a manner likely to diminish the FIRO Marks’ commercial value; (ii) you shall not permit any third party to use the FIRO Marks unless authorized to do so in writing by FIRO; (iii) you shall not use or permit the use of any mark, name, or image likely to cause confusion with the FIRO Marks; (iv) all goodwill associated with your use of the FIRO Marks shall inure to FIRO; (v) the FIRO Marks are and shall remain the sole property of FIRO; (vi) nothing in these Terms shall confer in the Organization any right of ownership in the FIRO Marks; and (vii) you shall not now or in the future contest the validity of the FIRO Marks.
- All scheduled Events are subject to cancellation by FIRO at any time for any reason.
- If the approved location for your Event is a FIRO franchisee location, you will deal directly with the participating franchisee for the approved FIRO location for all aspects of the Event, subject to these Terms.
By participating in the Event and using the Flyer, Organization warrants and represents that distributing the Flyers as described above is not in violation of any terms of use, Organization policies or any other limitations on contact previously identified to the Organization or in violation of any applicable law (including without limitation online solicitation laws and the CAN-SPAM Act and/or CASL, as applicable), and Organization agrees to indemnify, defend and hold harmless FIRO, its parent, affiliates, subsidiaries and authorized operators, and each of their respective directors, members, officers and employees from and against any claims by any such parties related to any such contact. Further, Organization shall defend, indemnify and hold harmless FIRO, its parent, affiliates, subsidiaries and authorized operators, and each of their respective agents, representatives, directors, officers, and employees, from and against any and all actions, claims, demands, liabilities, expenses and costs, including, without limitation, reasonable attorney’s fees and legal expenses, that arise out of any third party claim regarding the negligence or willful misconduct of Organization in connection with the Event, Organization’s performance (or failure to perform) under these Terms, and/or any breach of any representation made by Organization.
