Lota LLC Host Agreement
This Host Agreement (“Agreement”) and the rights and obligations contained in this Host Agreement are in addition to and are incorporated into the Lota LLC End User Licensing Agreement (“EULA”) by reference. Nothing in this Host Agreement will be deemed to modify, waive, amend or rescind any other term of the Lota LLC End User Licensing Agreement. Please review this Host Agreement carefully as it contains important information about your legal rights, obligations, and liabilities.
1. Definitions.
Lota LLC (“Lota”) is an Ohio-based Limited Liability Company that provides ticketing and registration services to event hosts through an app and website platform.
Event Host (“Host”) means event providers that use the Lota LLC App or website services to create, list, and register participants for events.
Booking Fees (“Fees”) mean the admission, fee, payment, or charge paid to Lota LLC by an event participant for a Host event and does not include any applicable federal, state, or local taxes or fees.
Lota LLC Services (“Services”) mean the application and web-based ability to post events, times, dates, prices, and register participants on the Lotta LLC App (“App”) and website.
“Cancelation Period” shall mean any time more than 48 hours prior to a scheduled Host event using Lota LLC Services.
2. Registration and Insurance.
As a part of the creation of a Host account or at any time following such creation, Host may be required to provide Lota LLC with additional information (beyond the initial registration information required to create a Lota LLC account). This information may be used to verify Host identity and eligibility to use or continue using Lota LLC Services. Host agrees to provide any requested information in a timely, accurate, and complete manner and furthermore shall immediately notify Lota LLC if any material changes occur.
Host shall during the performance hereof, keep in full force and effect a Liability insurance policy of comprehensive general liability and property damage insurance with respect to any event using Lota LLC Services and in which the limits shall be not less than $1,000,000 combined single limit for bodily injury and property damage.
Furthermore, Host represents and warrants the following to Lota LLC
- If you are representing a legal entity, said entity is properly organized, and in current good standing in the state or province of its formation;
- You, or the entity you represent, have all legal power and due authority to enter into this Agreement and to carry out the transactions contemplated hereby;
- That entering into and performing this Agreement will not result in any violation of any applicable state or federal law or regulation or breach or default any other agreement or obligation without limitation;
- If you represent an entity, you have the legitimate legal power and authority to bind the entity to the terms and conditions hereof.
3. Fees.
Lota LLC shall receive 20% of all booking fees earned by Host using Lota LLC Services.
Host shall receive payment of earned booking fees from Lota LLC (minus the Lota LLC Service fee of 20%) on a fixed weekly basis following the conclusion of the event.
Lota LLC does not provide banking, deposit taking, stored value, insurance, or any other financial services to Host.
Lota LLC shall charge, collect, and remit all applicable state and local sales tax if applicable for any event using Lota LLC Services.
Host may refer customers to use Lota LLC Services for booking and upon verification of the referral will be charged a promotional 2.5% booking fee for that customer (NOTE: this promotion is subject to change at any time and does not apply to any applicable taxes or fees)
Paypal is the exclusive payment provider used for all Host transactions involving Lota LLC Services.
Paypal is a third-party service with specific terms and conditions governing such service. Lota LLC shall collect and distribute fees through Paypal but accepts no obligation or liability with respect to such collection or the performance or nonperformance of Paypal.
Any Host event cancelled within the Cancelation Period shall receive a full refund. In the event of a cancellation outside of the Cancelation Period, Host shall be charged the same booking fee to Lota LLC as if the event had occurred.
Host is required to charge the same or a lesser amount for events listed on Lota LLC Services as they charge at their physical location during normal operations.
4. Liability.
IN NO EVENT SHALL LOTA LLC, ITS AFFILIATES, OWNERS, EMPLOYEES, INVESTORS, AND AGENTS BE LIABLE WHETHER IN CONTRACT OR IN TORT, FOR ANY LOSSES, INJURIES OR DAMAGES OF ANY KIND, TO ANY PERSON OR ENTITY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, MULTIPLE, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER) ARISING OUT OF OR RELATING TO ANY EVENT BOOKED BY HOST USING LOTA LLC SERVICES (EVEN IF LOTA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You. The limitations provided in this Agreement are intended to apply to the fullest extent allowable under applicable law.
You release and waive all claims against Lota LLC, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of Your use of Lota LLC Services. If You are a California resident, You waive any rights You may have under § 1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of Lota LLC.
5. Reservation of Rights.
Lota LLC reserves the right to revoke any Host account at any time at the sole discretion of Lota LLC.
Lota LLC reserves the right to deny any activity listing at any time at the sole discretion of Lota LLC.
6. Forum.
This Agreement shall be construed in accordance with the laws of the State of Ohio.
You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Ohio, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
7. Amendment.
This Agreement may not be altered or amended except by a written document signed by an authorized officer of Lota LLC.
8. Severability.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.
9. Entire Agreement.
This Agreement constitutes the entire agreement between Hosts and Lota LLC and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral.