Click to Download Advertising Agreement
All Advertising Agreements are subject to the terms outlined herein as well as those in the current Advertising Rate Card. Read all terms carefully before signing.
All Advertising Agreements are subject to Publisher's approval and acceptance. Acceptance of the Advertising Agreement shall constitute an agreement to provide advertising space as described in the Agreement. The undersigned, by signing the Advertising Agreement, acknowledges that he/she has read and understood all of the terms contained herein, and in the current Advertising Rate Card and that this Agreement is subject to all such terms which are expressly made a part of this Agreement.
Cancellations or changes in the Advertising Agreement are accepted only in writing to the Publisher, and must be received on or before the "advertising closing date" for the applicable issue. Publisher will schedule, run and invoice all contracts in possession on the advertising closing date of a scheduled issue. Advertisers are responsible for submission of advertising copy and materials by material deadlines. Publisher reserves the right to run the last insertion and bill advertiser if new materials are not submitted by deadlines.
Responsibility For Payment
Payment for all advertising and production shall be the responsibility of the advertiser and any contracted advertising agency and shall be made in accordance with Publisher's current rate card unless duly noted in the Agreement. Payment is due and payable upon receipt of invoice. Upon credit approval, payment is due within 30 days of receipt of invoice. A service charge of 1-1/2% per month will be added to accounts past due, beginning 30 days delinquent and charged monthly thereafter. Publisher shall not be required to seek payment directly from the advertiser when the advertisement is placed by any contracted advertising agency, but may seek payment from either or both of said parties. In the event payment is not made as required and agreed to in this Agreement, the advertiser and the advertising agency shall be responsible for any and all attorney's and/or collection agency fees incurred in the collection of the debt.
The advertiser and advertising agency agree to indemnify and hold harmless Publisher and any and all Publisher's publishing clients with whom Publisher may have contracted for any and all loss, expense or other liability (including attorney's fees) arising from any claim of libel, violation of privacy, plagiarism, copyright infringement, omission, incorrect information or placement and any other claim or suit that may arise out of the publication of any advertised copy submitted, printed or published. Advertiser and advertising agency also agree to indemnify and hold harmless Publisher and any and all of Publisher's publishing clients with whom Publisher may have contracted from the loss of any artwork, materials, separations, negatives and other materials submitted to Publisher for said advertisement or for raw materials submitted to Publisher for production of advertisement, such as copy and photography, and any related expense or other liability (including attorney's fees).
Payment Terms & Conditions
- 50% of first insertion due with Space Reservation/Signed Contract. Balance due 30 days from invoicing. Business check, VISA, MasterCard and American Express accepted for deposit or account payments. (Net 30 day terms available with prior credit approval only.)
- 15% commission paid to recognized advertising agencies 1) which provide acceptable materials, and 2) pay within terms.
- Accounts not paid within these terms are subject to a late payment finance charge computed at 1.5% per month (18% annual percentage rate) on any balance still due 30 days after billing date.
From time to time the Florida Restaurant and Lodging Association (FRLA) may deem it necessary to delay or postpone the distribution of any or all publications to its members due its desire to include: newsworthy items for its readership, legislative mandates, changes in law affecting restaurant owners, and coverage of events it deems necessary to include in its publication, but which may delay an issue's distribution to a time later than that stated on its Editorial Calendar or Production Schedule.
Likewise, from time to time we experience significant delays in delivery of our publication due to slow delivery by the US Postal Service. The Florida Restaurant and Lodging Magazine is not responsible in the event of such delays and no allowance or discounts will be granted for any advertisement which appears in an issue delayed or distributed after our published Production Schedule. if an advertisement contains timely or date sensitive information, advertisers are encouraged to place such ads as early in the schedule as possible to avoid such occurences.
Written May 24, 2002
Revised September 9, 2008
Click to Download Advertising Agreement