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CaySF . Cookout Date: Saturday, May 07, 2016
INN OUT
�g, ■ ■ Name: Fort Worth Fire Department
-O BURGER Distribution Center:Texas
CDDKDUT DEPARTMENT Event ID, E10688
®® T = IN-N-OUT BURGER®
o ® MOBILE UNIT AGREEMENT
IN ORDER TO OFFICIALLY RESERVE YOUR COOKOUT DATE AND TIME, PLEASE SIGN AND RETURN YOUR CONTRACT
BY 5/2/2016.
In-N-Out Burger's Mobile Unit is a self-contained "mobile restaurant," allowing us to prepare burgers as each customer orders. In
addition, if requested, we will provide drinks and potato chips.
Sorry, French-fries and shakes are not available through our Mobile Unit.
SITE SELECTION: In-N-Out Burger("In-N-Out")reserves the right to pre-approve the location of the"cookout"and may require the
opportunity to inspect the site. Our Cookout Trailers require 70 feet of parking space, with 14 feet overhead clearance and a
driveway width of at least 11 feet. Due to the weight of the cookout trucks, they will require a firm, level surface for parking. In-N-
Out maintains the right to relocate the truck if the site is unacceptable. Please be aware that some areas may be inaccessible
due to narrow or steep roads or driveways and low overhanging trees.
1. COSTS:
A. In-N-Out Burger agrees to provide you a cookout at no charge serving approximately 1500 meals and a service
time of 4 hours.
B. You have selected to serve approximately: 2=
1500-Hamburgers, Cheeseburgers, Chips and Drinks ; OFFICIAL RECORD
If additional meals are needed, please contact your cookout coordinator.
Cjyy SECRETARY
F1 WORTH9 TY,
• In-N-Out agrees to provide you with 4 hours of service time. If additional serving time is needed,,prior arrangements
must be made. -
• In the event In-N-Out serves for a period longer than 4 hours and/or serves an amount that exceeds the agreed upon
herein, such service is at the election of In-N-Out and Client will not be charged for such additional time or additional
product.
C. It is understood that this is a complete donation by In-N-Out Burger and tickets are not to be sold. All meals must
be served during the requested service hours and while supplies last.
2. PROMOTIONAL MATERIALS: The use of the In-N-Out name will be limited to use on printed materials and may not be
included in any form of electronic advertising;radio,television, etc. All printed materials, (posters, tickets or other promotional
materials) using the In-N-Out name, logos, trademarks or graphics ("Names and Marks')must be approved by the In-N-Out Burger
Marketing Department. Please fax your design to Wendy Hill at(949)854-3675 or whillpinnout.com for 24-hour turn around approval.
Logo slicks available upon request. In-N-Out reserves all rights to its Names and Marks; Customer is not given any license to use In-
N-Out's Names and Marks by entering into this Agreement.
3. CHANGES IN TERMS OF AGREEMENT: If customer desires to change the date, time, location or menu of the cookout as
originally agreed to in this contract, the customer must inform In-n-Out of such change no later than seven days prior to the
scheduled date of the cookout. Please note that In-N-Out is unable to make a change in the cookout if such notification is less than
24 hours prior to the cookout time.
4. INSURANCE AND INDEMNIFICATION REQUIREMENTS:
A. Except to the extent such actions or claims arise out of the negligence of In-N-Out, its products, vehicles,
associates(employees), owners, officers, directors and agents,to the extent allowed by law, customer shall
indemnify, defend and hold harmless In-N-Out, its affiliates, related business entities, successors and assigns, associates
(employees), owners, shareholders, officers, directors and agents, and each of them, against any and all actions or claims
of the customer and the customer's guests, invitees and representatives and against any and all actions or claims which in
any way relate to or arise out of the intentional or negligent acts or omissions of the customer.
B. Except through its own gross negligence, bad faith, or intentional misconduct, In-N-Out does not assume liability for
any damages or loss whatsoever. Customer agrees that In-N-Out and its employees shall not be liable to the Customer for
any claims, liabilities, or expenses relating to this cookout for an aggregate amount in excess of the fees paid by the
Customer pursuant to this engagement, except to the extent finally judicially determined to have resulted primarily from the
gross negligence, bad faith, or intentional misconduct of In-N-Out.
1. LIMITATION OF LIABILITY: In no event shall either party or its officers, directors, employees, contractors or suppliers be
liable to the other for any punitive, special, exemplary, incidental, consequential or other indirect loss or damage (including but
not limited to, loss of profits, loss of revenue, loss of opportunity and loss of use)that may arise out of or in connection with
this agreement, including but not limited to,damages or costs resulting from the failure to provide the service regardless of
whether such damages could have been foreseen, prevented or had been advised of.
Under no circumstances will the collective liability of In-N-Out and its officers, directors, employees, contractors or suppliers,
for any damages incurred, ever exceed the costs of the contract paid or payable by customer to In-N-Out under this
agreement regardless of the form of action, whether based on contract, tort, negligence, strict liability, products liability or
otherwise.
2. RIGHT TO RESCIND: In-N-Out reserves the right, at any time, to unilaterally rescind this Agreement and, or to deny service,
even after event has commenced, if any event is not conducted (or any personnel related to the event does not conduct
themselves) in a manner consistent with the law abiding and wholesome family image of In-N-Out,which In-N-Out will decide
in its sole discretion.
3. GOVERNING LAW AND VENUE: The laws of the State of Texas shall govern this Agreement.
4. FORCE MAJEURE: The parties to this Agreement will be excused from the performance of this Agreement in whole or in part
if the performance by In-N-Out or Customer of any of its material obligations under this Agreement is prevented by operation
of law or any cause beyond the reasonable control of such party, including without limitation fire, flood, disruption of
transportation (but not the failure of a party to reasonably anticipate possible transportation delays), earthquake, public
disaster, strike, labor dispute or unrest, accident, breakdown of electrical or other equipment, riot,war, insurrection, civil
unrest,Act of God, any act of any legal or governmental authority (all of which causes are referred to as"events of force
majeure"). If the event is cancelled or curtailed because of the occurrence of any of the foregoing events of force majeure, In-
N-Out shall remit the full portion of the deposit less any out-of-pocket costs incurred by In-N-Out in connection with the
cancelled or curtailed event.
5. MISCELLANEOUS: This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior
offers, negotiations and agreements. Only a written agreement executed by the parties shall modify this Agreement. If any
provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and effect. The section and
paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement.
We very much hope that this Agreement will serve to acquaint you with the In-N-Out Mobile Unit service and that you and your
group will be as pleased with the service as In-N-Out is to bring it to you.
I have read the above and any attachment or addendum and agree to the terms and conditions thereof. Furthermore, I have
completed the COOKOUT INFORMATION section of this Agreement and agree to the terms and conditions thereof.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
COOKOUT INFORMATION
(To Be Reviewed by Customer)
DATE OF COOKOUT: Saturday, May 07, 2016 TIME OF COOKOUT: 10;00 am to 2:00 pm
(Month/DayNear) (Time customer wants the first burger served)
ADDRESS OF COOKOUT: CONTACT:
505 West Felix Street Ricky Addington
Fort Worth,TX 76115 Tarrant Phone:(817)392-7524 (817) 991-0691
All mobile unit cookout correspondence and payments should be sent to: In-N-Out Burger-Attn.: Cookout Coordinator, 13502
Hamburger Lane, Baldwin Park, CA 91706 or faxed to 626-813-7300. For additional assistance please phone(888)700-7774 or
(626)813-8295.After hours and weekends, please call customer service at 800-786-1000. Federal ID#95-2246829.
COOKOUT CONFIRMATION / INVOICE
Date: 4/18/2016 Confirmation #A03355
Contact: Cookout Address:
Fort Worth Fire Department Bob Bolen Public Safety Complex
505 W. Felix Street 505 West Felix Street
Fort Worth, TX 76115 Fort Worth, TX 76115
Attention: Ricky Addington
We have you scheduled for a cookout on Saturday, May 07, 2016 , serving from 10:00 am - 2:00
pm.
In-N-Out Burger will be providing you with
1500-Hamburgers, Cheeseburgers, Chips and
Drinks
and a serving time of 4 hours at no charge.
(Please note: Trailers do not carry extra product! Any changes made to this agreement,MUST be made
no later than seven days prior to the scheduled date of cookout. We will only come prepared to serve what
you have ordered above and must all be served in the scheduled time above.
Please verify that this information is correct and sign that you are in agreement.
Please mail all remittances to:
In-N-Out Burger
Attn: Cookout Coordinator
13502 Hamburger Lane
Baldwin Park, CA 91706
(888) 700-7774
Federal ID#95-2246829
inocookoutinfo@innout.com