Business DBA Agreement

BUSINESS DBA AGREEMENT

This Business DBA Agreement (the "Agreement") is made and entered into as of by and between , an entity whose principal address is (hereinafter "Owner"), and , an entity whose principal address is (hereinafter "Operator").

RECITALS

WHEREAS, Owner is the lawful registrant and owner of the fictitious business name "" which is registered in ; and

WHEREAS, Operator desires to use the DBA in connection with the operation of Operator's business and Owner is willing to permit such use subject to the terms and conditions set forth herein; and

WHEREAS, the parties wish to set forth their respective rights and obligations regarding the use, registration maintenance, and control of the DBA.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "DBA" means the fictitious business name identified above as DBA Name: and any variations approved in writing by Owner.

1.2 "Permitted Use" means the operation and promotion of the business activities described in Section 2 and further described in the Permitted Use field below.

2. GRANT OF AUTHORITY

2.1 Subject to the terms of this Agreement, Owner hereby grants to Operator a non-exclusive, non-transferable license to use the DBA solely for the Permitted Use within the Territory defined as .

2.2 Operator shall not use the DBA in a manner that would infringe the rights of any third party or that is contrary to law, public policy, or the reasonable instructions of Owner.

3. TERM AND TERMINATION

3.1 Term. The term of this Agreement shall commence on the Effective Date entered above and shall continue for a period of unless earlier terminated pursuant to this Agreement.

3.2 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any obligation hereunder and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

3.3 Effect of Termination. Upon termination or expiration, Operator shall immediately cease all use of the DBA, remove the DBA from all signage, advertising, and digital properties under Operator's control, and certify in writing to Owner within ten (10) days that such cessation has occurred.

4. REGISTRATION, MAINTENANCE AND COMPLIANCE

4.1 Registration. Owner shall maintain record of registration of the DBA as required by applicable law. Operator shall cooperate with Owner in executing such documents and providing information reasonably necessary for registration or renewal of the DBA.

4.2 Compliance. Operator shall comply with all statutes, ordinances, rules, and regulations applicable to Operator's use of the DBA and shall not permit any use that would jeopardize the validity of Owner's registration.

5. FEES AND CONSIDERATION

5.1 Consideration. In consideration for the license granted herein, Operator shall pay Owner the sum of (U.S. Dollars) according to the payment schedule set forth below.

6. USE RESTRICTIONS; QUALITY CONTROL

6.1 Operator shall use the DBA in a manner that preserves the good will of the name and shall maintain standards of quality reasonably consistent with industry practices. Owner may specify reasonable quality control standards, and Operator shall comply with such standards upon written notice.

6.2 Any advertising, packaging, or representation using the DBA that materially deviates from approved standards requires Owner's prior written consent.

7. REPRESENTATIONS AND WARRANTIES

7.1 Owner represents and warrants that Owner has the full legal right to allow the use of the DBA and that, to Owner's knowledge, such use will not infringe the rights of any third party.

7.2 Operator represents and warrants that Operator is duly organized, validly existing, and in good standing under the laws of its jurisdiction and has the authority to enter into this Agreement.

Individual Corporation LLC Partnership

Individual Corporation LLC Partnership

8. INDEMNIFICATION

8.1 Operator agrees to indemnify, defend and hold harmless Owner and its officers, directors, agents and employees from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to Operator's use of the DBA or any breach of this Agreement by Operator.

8.2 Owner agrees to indemnify and hold harmless Operator from claims arising from Owner's breach of the representations set forth in Section 7.1, except to the extent such claims arise from Operator's actions.

9. INSURANCE

9.1 Throughout the Term, Operator shall maintain at its own expense commercial general liability insurance with limits not less than per occurrence and shall name Owner as an additional insured where appropriate.

10. CONFIDENTIALITY

10.1 The parties acknowledge that in the course of performance they may receive Confidential Information. Each party shall hold the other's Confidential Information in strict confidence and shall not disclose such information except as required by law or with the disclosing party's prior written consent.

11. NOTICES

All notices, requests, consents and other communications required or permitted hereunder shall be in writing and delivered to the addresses set forth below (or to such other address as a party may specify by notice):

12. ASSIGNMENT

12.1 Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party; provided, however, that Owner may assign to an affiliate or in connection with a sale of substantially all of its assets without Operator's consent, provided that the assignee assumes Owner's obligations hereunder.

13. AMENDMENTS; WAIVER

13.1 No amendment, modification or waiver of this Agreement shall be valid unless in writing and signed by duly authorized representatives of both parties. The waiver by either party of any breach shall not operate as a waiver of any subsequent breach.

14. GOVERNING LAW; VENUE

14.1 This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in the jurisdiction specified above.

15. ENTIRE AGREEMENT; SEVERABILITY

15.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral.

15.2 If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid provision shall be replaced by a valid provision that most closely approximates the parties' intent.

16. COUNTERPARTS

16.1 This Agreement may be executed in counterparts, each of which shall be deemed an original, and together shall constitute one and the same instrument.

Sign Now