Distinctive Destinations Terms and Conditions
The term of this Agreement shall begin upon the date the National Trust’s notice of acceptance is received by the Contact Person listed in the application by the Distinctive Destination (“Destination Site”) and shall continue until it is terminated as described herein. All items in the application are incorporated into these terms and conditions. Either party may terminate this Agreement without cause with thirty (30) days prior written notice.
The National Trust reserves the right to immediately terminate this Agreement in the event that these terms and conditions are breached. Termination by the National Trust will be effective upon notification by email.
By submitting photographs, films, or recordings (works) to the National Trust the Destination Site hereby agrees to the following terms, conditions, and warranties:
The Destination Site retains the copyright to all work(s) submitted to the National Trust.
The Destination Site agrees to grant to the National Trust a perpetual, royalty-free, fully transferable, unconditional, non-exclusive, worldwide right to reproduce the work(s) an unlimited number of times in any and all media for any editorial, commercial, promotional, or trade purposes.
The Destination Site hereby waives the right to inspect or approve any copy that is used in connection with the work(s) in any existing or subsequently developed medium, and agrees to hold harmless and indemnify the National Trust, including its affiliates and licensees, from any and all claims arising out of such use for the purposes described above, including any claims for libel and invasion of privacy.
The Destination Site represents and warrants that:
a. The Destination Site is the sole owner of, or otherwise have the authority to grant, all rights herein granted to the National Trust; and
b. work(s) submitted does not infringe upon any copyright, trademark, or other proprietary right, violate any right of privacy, or contain libelous, scandalous, unlawful material, or contain any obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
If the work contains any material or elements that are not owned by the Destination Site and/or which are subject to the rights of third parties, and/or if persons appear in the work(s) and are recognizable, the Destination Site agrees to obtain and provide to the National Trust any and all releases and consents necessary to permit the use of the work(s) by the National Trust. Photograph release forms are available upon request.
If any person appearing in any work is under the age of majority in their state/province/territory of residence, the signature of a parent or legal guardian is required on each release. Individual release forms are available upon request.
The mark "National Trust for Historic Preservation Distinctive Destinations" and any stylized logos, marks, script, verbiage and other elements provided by the National Trust (“Marks”) are the sole and exclusive property of the National Trust and are subject to all applicable trademark and other rights of the National Trust as owner under United States intellectual property law and all international conventions.
For the term of this Agreement, the National Trust hereby grants to the Destination Site a non-exclusive and non-transferable license to the Marks, to use the Marks for the sole purpose of performing tasks described in the program application. The Destination Site is permitted to use the Marks only as provided in the Design Guidelines, attached hereto as Exhibit A or as may be updated from time to time by the National Trust. The Destination Site shall make no use of the Marks, or any other intellectual property owned by the National Trust, except as expressly provided herein or authorized in advance and in writing by the National Trust.
Upon termination of this Agreement, the Destination Site will immediately cease use of the Marks and return all name, trademark, trade name, logo files and materials obtained from or provided by the National Trust, without retaining copies of the same.
Release, Indemnification and Hold Harmless.
The Destination Site retains full management of its site and therefore also continues to remain responsible for any claims of liability arising out of visitation or other activities conducted on site. All operations of the Destination Site are to be in accordance with federal or state law as may be applicable.
The Destination Site agrees to defend, indemnify and hold harmless the National Trust including their respective directors, trustees, officers, members, employees, agents, successors and assigns with respect to any and all claims, losses, liabilities, damages, judgments or settlements, including reasonable attorneys fees, costs and other reasonable and actual expenses incurred in connection therewith, which arises out of any negligent or willful act or omission or due to any personal injury, property damage or loss arising from the Destination Site or out of the activities contemplated by this Agreement.
This section shall survive termination of this Agreement for the length of any applicable statute of limitations period.
Notice must be addressed as shown below, unless a different address is designated in writing by the receiving party. Notice is also required to be given by telephone, facsimile, or electronic mail on the same date as deposited in the mail or with the express service.
Alison Hinchman, Director of Digital Engagement and Acquisition
National Trust for Historic Preservation
2600 Virginia Ave. NW, Suite 1100
Washington, DC 20037
In the event that the Destination Site’s Contact Person leaves its employ, a new Contact Person will be named and the National Trust will be notified as set forth herein.
This Agreement may not be assigned by the Destination Site without the prior written consent of the National Trust.
Successors and Assigns.
All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of the Destination Site, the National Trust and their respective successors and assigns.
This agreement, with the application completed by the Destination Site, constitutes the complete understanding and agreement between the Destination Site and the National Trust and supersedes any and all prior oral or written agreements and understandings. No modification, waiver or amendment of any provision hereof shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto.
This agreement is made in and shall be governed by the laws of the District of Columbia and such Federal law as may be applicable.
The Destination Site acknowledges and agrees participation as described in the program application, as follows, or as updated by the National Trust from time to time. Failure to honor the terms of participation will be grounds for immediate termination as described in these terms and conditions, and may bar the Destination Site from participation in future National Trust programs.
The Destination Site and the National Trust warrant and represent that each party has the authority to enter into this Agreement and to allow use of the materials submitted with your application
The Contact Person named herein hereby warrants that the undersigned is authorized by the Destination Site to agree to these terms on behalf of the Destination Site. As Contact Person, you hereby agree that 1) you are authorized to bind the Destination Site to these terms and conditions as well as all items in the Application, 2) represent that you are over the age of 18 years of age and 3) have the full legal capacity to make these warranties and to grant permission for the use of the work(s) submitted.
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