Terms and Conditions

  1. Facility Access. Client will provide suitable access, premises, sound system, and utility connections at the designated Client locations for GWD’s Quizmaster to use his equipment and perform the Services.  Client will ensure access to the locations for a minimum of one hour before start time and one hour after end time to allow for set up and break down/removal.  GWD’s Quizmaster may terminate a show if he/she in good faith believes there is imminent danger of personal or property injury. 
  2. Intellectual Property. Client acknowledges that GWD uses proprietary materials and techniques in connection with the Services, including, but not limited to, questions, format of the Services, trademarks, logos, slogans, promotional and copyrighted materials, and other intellectual property (“IP”).  GWD also owns all lists of customers (including their email addresses) who participate in the quiz shows.  All rights, title, and interest in such IP and lists remain with GWD, and no rights thereto are granted to Client. 
  3. Advertising.  The ownership of GWD’s name, trade names, trademarks, service marks, and logos (“Marks”) remain with GWD.  Client may use the Marks only as agreed to or instructed by GWD.  GWD may use Client’s name, trademarks, and name of the venue on GWD’s website, blogs, and other promotional material for purposes of posting show schedules and reporting on completed shows.  In connection with the Services, GWD may solicit and use third party advertising and awards, including but not limited to, answer sheet and award sponsorship, quiz awards, and special event sponsorship. Client acknowledges that from time to time, GWD may recoup operational costs by accepting promotional sponsorships integrated into the performance of the quiz. These may include, but will not necessarily be limited to, promotional mentions in quiz content, written, visual, and/or read aloud by the host. In this event, Client will not be titled to any additional compensation.
  4. Regulatory Compliance.  Awards, including certificates therefore, and other awards provided to quiz participants, shall be provided by Client, in compliance with all applicable laws and rules.
  5. Licensing. Client acknowledges that GWD may use copyrighted musical works in the performance of the quiz. Client warrants that their premises are adequately licensed by ASCAP, BMI, and/or SESAC for the use of copyrighted audio works by entertainers (including GWD) working on their premises.
  6. One-off Cancellations. For special circumstances, Client may request one-off cancellations of shows if Client gives GWD at least 48 hours’ prior written notice by email sent to cancellations@geekswhodrink.com and GWD confirms receipt and approves the request in writing. If Client cancels a show without complying with this Section, Client will pay for the Services for the canceled show at the full rate. If Client cancels more than eight shows in any consecutive 12 month period, Client shall pay, at the full rate, for each canceled show after the eighth canceled show, regardless of whether Client complies with the notice provisions of this Section. Days not included in the eight show cancellation total are as follows: July 4, Thanksgiving Day, December 25, and any Force Majeure event as outlined in EXHIBIT A, item number seven.
  7. Force Majeure.  GWD is not liable for a delay in or failure to perform services if due to causes beyond its control, including but not limited to acts of God, fire, war, riot, strikes, pandemics, or other labor trouble, or court or governments orders.  If GWD’s Quizmaster arrives late except for reasons stated in this Section, the Quizmaster will extend the time of the show for the length of the delay or GWD will refund that part of the lost time of the show. 
  8. No Warranty.  THE SERVICES ARE AN ENTERTAINMENT SERVICE PROVIDED AS IS, AND GWD PROVIDES NO WARRANTY, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  GWD SHALL NOT IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES TO ANYONE BY REASON OF THIS AGREEMENT OR GWD’S ACTIVITIES HEREUNDER. IN NO EVENT SHALL GWD’S LIABILITY EXCEED THE CONSIDERATION PAID FOR THE SERVICES.
  9. No Prior Restraint.  The Client acknowledges that the material produced by GWD for the “Geeks Who Drink Classic” format is rated PG-13 and is designed for an audience aged 13 and older. This content may include language and themes appropriate for a PG-13 rating, which may not be suitable for all viewers. The material produced for our “Small Batch Trivia” format is family friendly in nature. The Client agrees not to impose any restrictions or alterations to the content of GWD’s material.
  10. Attorney Fees. Client will pay interest at an annual rate of 18% on late payments which are past due more than 30 days from the due date, plus GWD’s reasonable attorney’s fees incurred to collect late payments.  In the event of any legal action or proceeding or arbitration with respect to a controversy arising out of or relating to this Agreement, the prevailing party therein shall be entitled to an award of its reasonable costs and expenses, including expert and attorney fees and expenses.
  11. Mutual Indemnification. Each party shall indemnify and hold the other party harmless from all liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that such party may suffer, sustain or become subject to as a result of (i) a party’s gross negligence or willful misconduct in performing any of its obligations under this Contract, or (ii) arising from the failure to comply with such laws or rules or from any claims asserted by a party’s customers, or (iii) their material breach of any representations, warranties, covenants or agreements under this Agreement.
  12. Miscellaneous.
    • Relationship.  This Agreement does not create and shall not be construed as creating any relationship of agency, partnership, joint venturers, or employment between the parties.  The parties enter into this Agreement as and shall remain independent parties.  
    • Survival.  Outstanding payment obligations, and Sections 2, 4, 7, 8, 10 and 11of this Exhibit A survive the termination of this Agreement.  
    • Notices.  Except as provided otherwise, all notices required or permitted under this Agreement shall be in writing, and shall be deemed effective when actually delivered, or one day after being sent by reputable overnight courier, to the parties addresses specified in this Agreement.  A party’s address may be changed by giving notice to the other party.  
    • Assignment.  Client may not assign its rights or delegate its duties under this Agreement.  GWD may assign and delegate this Agreement in connection with the acquisition, merger, or sale of all or substantially all assets, of GWD. 
    • Entire Agreement.  This Agreement and its exhibits constitute the entire understanding and agreement of the parties and supersede all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.  Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing signed by the parties. 
    • Severability.  If for any reason any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void, or unenforceable in any jurisdiction to which it applies, the validity of the remainder of this Agreement shall remain in full force and effect and shall not be affected, and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law, and in this modified form, such provision shall then be enforceable and enforced. 
    • Governing Law. This Agreement is made under, and shall be interpreted and enforced in accordance with, the laws of the State of Colorado without giving effect to those principles of conflict of laws which might otherwise require the application of the laws of another jurisdiction. 
    • Interpretation.  All headings herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of this Agreement.  This Agreement is a product of the negotiation of all parties, and shall not be construed in favor of or against a particular party. 
    • Execution.  This Agreement may be executed manually or electronically in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
    • Brand Representation and GWD Representative Treatment & Conduct.  Client warrants and covenants that while any Host or GWD representative is on-site, no Client, Client staff member, Client employee or Client customer contestant  will: (a) publicly disparage GWD, its content, its management or representatives.; (b) make disparaging comments or jokes at the expense of any person, present or otherwise, pertaining to their race, ethnicity, nationality, language, class, religion, sex, gender, sexual orientation, gender identity, sex characteristics, age, health, disability, or other status; nor will use any slurs pertaining to same; nor (c) engage in any manner of sexual harassment in any form, including verbal, physical, and visual harassment. In the event that GWD representative is subject to any of the foregoing, whether it be by Client, Client staff member, Client employee or Client customer contestant, Client will work with GWD staff, in good faith, to remedy the situation. GWD reserves the right to immediately forfeit service if the situation cannot be quickly remedied. Furthermore, GWD warrants and covenants that its code of Host conduct forbids all of the foregoing. If Client credibly reports that the GWD representative engages in any of the activities during the performance of their duties, this will not constitute a breach of the entire Agreement; rather, GWD will remove the Host from this assignment and assign a new Host to Client.

Change Your Location