ADVERTISING SPACE CONTRACT

The Advertiser listed on the front of this Contract (“Advertiser”) and Pre-Nup Publishing, a California corporation, (“Publisher”), in consideration of the promises made herein, agree as follows:

ADVERTISING SPACE AND RATES

1.1 Advertising Space. Advertiser agrees to use and Publisher agrees to provide advertising space in Norcal Bride and Groom (“Publication”), subject to the terms and conditions of this Contract, as described in the beginning of this Contract.

1.2 Rates. Except as provided for below, the rates for the advertising space are set forth on norcalbride.com. All rates and fees are net.

COSTS AND PAYMENTS

2.1 Billing And Payments. See payment terms agreed to upon contract. Advertiser reserves right to collect payment thru collection agency should advertiser renege on signed contract agreement.

2.2 Taxes. In the event that any federal, state, or local tax is imposed on any advertising published pursuant to this Contract, such tax shall be paid by Advertiser, and shall be billed to the Advertiser on a regular basis in addition to the price set forth herein.

2.3 Payments. We accept credit cards, VENMO, ZELLE, ACH for payments in full, cash and checks.

CONTENT AND DESIGN OF ADVERTISING

3.1 Content. Publisher reserves the right to reject, alter, or refuse any advertising copy, in its sole discretion or disapprove any advertising copy in accordance with current or future rules of Publisher concerning acceptance of advertising matter, but no change in advertising copy will be made without the prior consent of the Advertiser.

3.2 Design. (a) Advertisements may be submitted camera ready. (b) Publisher reserves the right to change, or otherwise lighten type, cuts, and borders without submitting a proof to Advertiser. (c) Publisher does offer ad design for advertisers at no additional cost if in good standing.

SUBMISSION OF ADVERTISING COPY

4.1 Submission in Advance. Advertiser shall submit all advertising copy on or before the first of the month preceding the month in which the Publication is to be published. This date is set forth as the “camera ready” date on Publisher’s rate schedule.

4.2 Failure to Submit on Time. In the event Advertiser fails to submit advertising copy within the time limits contained in Section 4.1, Publisher shall have the option of inserting any copy previously used by Advertiser or declining to publish any advertisement for Advertiser in that issue. If the first option is elected, Advertiser shall pay to publisher the full amount of the contract price herein contained for the advertising. If the second option is elected, the rate charged to Advertiser shall be increased to the rate listed on this contract in the notes section.

4.3 Additional Submissions of Non-Advertising Materials. Advertiser may submit non-advertising materials to Publisher for possible inclusion in one (1) or more issues of the Publication. Publisher may utilize, at its sole discretion, such non-advertising materials in conjunction with articles or features included in the Publication. The sole consideration to which Advertiser is entitled for inclusion of such non-advertising materials is inclusion of photograph (or other appropriate) credit in the Publication. Non-advertising material submitted by Advertiser may be used in whole or in part, including using a portion of any photograph or material. Publisher is under no obligation to return the submitted materials to Advertiser. In the event that Advertiser is not given credit (or credit is improperly attributed to another) for the non-advertising submission in the Publication, Advertiser’s sole and exclusive remedy shall be inclusion of the non-advertising submission, with proper credit attributed to Advertiser, in the next issue of the Publication.

PRINTING ERRORS OF PUBLISHER

5.1 Deletion of Advertisement. The failure of Publisher to insert any advertisement in any issue of the Publication shall be deemed immaterial, and shall not be considered a breach of this contract, nor shall publisher be liable for damages resulting from that failure. If copy for an advertisement is submitted in accordance with the provisions of this Contract and is omitted from the Publication, the identical advertisement or an advertisement of the same size will be published by Publisher in the next issue of the Publication and the term of this Contract shall be extended one year.

5.2 No Guarantee of Position. Except as specified on this Contract, Advertiser acknowledges that Publisher has made no guarantee or representation that the advertising will appear in any specified position in the Publication.

5.3 Errors and Quality. Publisher shall not be held responsible for advertising submitted by Advertiser containing any error. Publisher shall not be held responsible for any error or omission in any advertising, or the quality of any advertising when a proof has been submitted to Advertiser prior to publication and the proof has been approved or the time for disapproval has elapsed. If any advertising to which the previous sentence does not apply contains a substantial error through the fault of Publisher, and Advertiser notifies Publisher in writing within thirty (30) of publication, Publisher will include the corrected advertising in the next issue of the Publication without charge to Advertiser.

TERMINATION AND CANCELLATION

6.1 Termination or Cancellation by Publisher. Publisher reserves the right to terminate or cancel this Contract, or to reject advertising material submitted pursuant to this Contract, at any time for just cause. Just cause for cancellation includes failure to pay as agreed and just cause for rejection includes submission of advertising which Publisher deems in its sole discretion not to be suitable for inclusion in the Publication. In the event of cancellation by Publisher prior to the inclusion of any advertising in the Publication, Publisher will refund all money paid to Publisher by Advertiser. Other than refund of the money to Advertiser pursuant to this Section, Publisher shall not be liable to Advertiser for claims of any type or kind whatsoever which arise from Publisher’s termination or cancellation of this Contract or rejection of advertising.

6.2 Termination or Cancellation by Advertiser. Advertiser may terminate or cancel this Contract on the following terms and conditions. Advertiser may cancel the Contract by delivery of written notice of cancellation prior to the “Space Reservation” date with respect to the first issue in which the advertising was to be included. Upon such cancellation, Advertiser will receive back 15% of deposit. Advertiser will be charged for any production costs actually incurred.

REPRESENTATIONS AND INDEMNIFICATION

7.1 Representations. Advertiser represents and warrants that Advertiser is the copyright owner of all photographs and other materials submitted and that Advertiser has the legal right to make the intended use in the advertising of all content thereof, including but not limited to, any name, likeness, tradename, or trademark, and that the use and/or publication of the advertising shall not constitute any invasion of privacy, violation of rights of any person, or copyright or trademark infringement.

7.2 Indemnification. Advertiser assumes full and complete responsibility and liability for the content of all advertising copy and all non-advertising material submitted, printed, and published pursuant to this Contract, and shall indemnify and hold Publisher harmless against any demands, claims, or liability thereon, including but not limited to claims or suits of libel, violation of privacy rights, or copyright or trademark infringement. Advertiser shall reimburse Publisher for any amount paid by Publisher in settlement of claims or in satisfaction of judgments obtained by reason of publication of advertising copy, and for all expenses incurred in that regard including, but not limited to, attorney’s fees and all associated costs, whether or not a law suit is brought to resolve the claim.

MISCELLANEOUS

8.1 Force Majeure. Publisher shall not be responsible or liable for any damages to advertiser by reason of a failure to insert any advertisement provided for herein because of any labor dispute, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, or any act of God, or any other cause beyond control of Publisher. In such an event, Advertiser shall have the option of having the advertisement inserted in a future issue of the Publication on the terms and conditions contained herein or having no charge made by Publisher for the advertisement not inserted.

8.2 Assignment and Delegation. Neither party may assign any rights or delegate any duties under this contract without the express prior written consent of the other.

8.3 Entire Agreement. This Contract contains the entire agreement of the parties. No representations other than those expressly set forth in this Contract were made or relied upon by either party. No agent, employee, or other representative of either party is empowered to alter any of the terms of his Contract, unless done in writing and signed by an executive officer of the respective parties.

8.4 Controlling Law. The validity, interpretation, performance and enforcement of this Contract shall be controlled by and construed under the laws of the state of California. The parties agree that the forum for any legal action shall be the proper court of or the State of California in and for the County of Sacramento or the United States District Court for the Eastern District of California.

8.5 No Waiver. Except with respect to provisions which by their terms must be exercised or asserted within a specified time period, the failure of either party to object to, or to take affirmative action with respect to the conduct of the other party which is in violation of the terms of this Contract shall no be construed as a waiver of any rights or of any future breach or subsequent wrongful conduct.

Ads Designed by Publisher.
Advertiser acknowledges and agrees that Publisher owns and retains all rights, including copyrights, to all advertisements which are designed by Publisher whether or not any design/production fees are charged to Advertiser. Expressly conditioned upon payment of the advertising fees and any charges for design and/or production, Advertiser is granted a limited license to use such advertisements in the Publication for which Advertiser has paid. Such advertisements may not be reproduced or used in any way or in any other publication without the prior written consent of Publisher. For any use other than in the Publications, such Advertisement must bear the following attribution: ©[year] Pre-Nup Publishing, Reprinted With Permission. In the event of the reproduction or use of the such advertising other than in the Publication (s), Advertiser agrees to pay design/production fees at market rates which will be billed to Advertiser by Publisher. Such payment shall be in addition to, and not in lieu of, all other damages and remedies to which Publisher may be entitled for violation of the Publisher’s copyrights and/or other rights.

By purchasing this ad you agree to the contract.