TERMS AND CONDITIONS 

This Rental and Services Agreement (“Agreement”) is between FMS Holdings LLC DBA Gameday Your Way (“Gameday”) and the customer (“Customer”).  

This Agreement applies to Customer’s request(s) for, and Gameday’s provision of, products and services, including but not limited to, equipment used to tailgate at sporting events and-related services, transportation to and from events, and other products and services. 

The “Services” mean the products and services that Customer has reserved and Gameday has agreed to provide as described in the confirmation email (“Confirmation”), subject to modification pursuant to the terms below. The Services start on the earliest day and time that any of the Services is to be provided pursuant to the Confirmation, as issued by Gameday or modified pursuant to these Terms and Conditions. The Services are for Customer’s personal, non-commercial purposes and cannot be used to promote products and or event/activation unless expressly agreed to by Gameday 

“Event” or “Events” are the events at which Gameday offers to provide the Services. “Location” or “Locations” are the specific places where any equipment provided by Gameday will be delivered, set-up and/or used. 

These Terms and Conditions set forth the obligations of Gameday and Customer in relation to the Services. Customer agrees to be bound by these Terms and Conditions in booking and using the Services. Please read through and understand this Agreement prior to booking. 

Customer will only use the Transportation Services and Accommodations for personal, non-commercial purposes.  

Customer agrees that all information supplied by Customer is true, accurate, current, and complete. Customer shall not have the right to promote products and or event/activation unless agreed upon by Gameday Your Way in writing.  

Gameday reserves the right to amend these Terms and Conditions at any time. If there is any conflict between these Terms and Conditions and other any other terms, the terms in the Confirmation control. 

Communications:

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.

Carriers are not liable for delayed or undelivered messages

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy

BOOKING AND RESERVATIONS 

Customer must be 18 or older to make a reservation for Services, have a valid credit card with a credit limit deemed sufficient by Gameday to cover the costs of Services and any deposit requested by Gameday, and must agree to these Terms and Conditions. To reserve Services that involve the provision of alcohol, Customer must be 21 or older. Customer agrees that all information supplied by Customer is true, accurate, current, and complete, and Customer will advise Gameday of any changes to information Customer provides. 

Customer can request a “Reservation” for Services through Gameday’s website or by contacting Gameday. Gameday reserves the right, in its sole discretion, to reject any Reservation request for any reason. Reservations are subject to acceptance by Gameday and are not binding on Gameday until Gameday has emailed a Confirmation to Customer and Customer has paid the initial payment shown on the Invoice described below. Customers who do not receive a Confirmation from Gameday within 24 hours of making the Reservation should contact Gameday at info@gamedayyourway.com.   

After Confirmation, Gameday will email Customer an (“Invoice”). To contract for the Services shown in the Confirmation, Customer must make payment with a credit card at the times and in the amounts described below, as may be supplemented by the terms of the Invoice, and must meet all other credit, deposit, and payment obligations of Gameday and, if applicable, any third party Gameday uses in the course of providing the Services. Prices are subject to change at any time prior to payment of the first installment, with notice to Customer. 

PAYMENT 

Invoices are payable as follows: 

If Customer’s credit/debit card cannot be charged for the initial payment, Gameday in its sole discretion may modify or cancel the Services, or request that Customer make the deposit in cash. After that, when any charge or attempted charge to Customer’s credit/debit card is denied or reversed, or when any payment is not made at the time and in the amount specified above, Gameday may cancel Services at any time, including after the start of the Services. 

OTHER CHARGES 

• The pricing for the Services is based on the times specified on the Confirmation. If Customer is not available at the times or locations indicated on the Confirmation, Gameday will charge Customer for any increase in the cost of the Services related to such unavailability, either by Customer or any guests of Customer.   

• Customer will be charged the following fees per occurrence for any of the following occurring in relation to the Transportation Services:  

• Smoking (including vape pens): $250;  

• Vomiting: $200;  

• Cleanup: $100 minimum; actual amount may vary based on the extent of Cleanup required;  

• Fines for any additional damages will be calculated by Gameday. 

• Customer is responsible for all equipment and property of Gameday and the third-party providers Gameday uses to provide Services from the time the Services start until they end.  

• This includes, but is not limited to, the cost of repairing or replacing any equipment damaged or destroyed while in Customer’s possession, or not returned at the time and place shown on the Confirmation, or not available for pickup by Gameday at the time and place shown on the Confirmation.  

• Customer is liable for and will cover the costs of any damages, loss, theft, or repair or replacement of equipment, related to Customer’s use of the Services, or delays in returning equipment and amounts which Customer may otherwise be liable for under these Terms and Conditions (collectively, “Damages”).  

• Whether repair is possible and the person or entity used for the repair will be in Gameday’s sole discretion. 

• If Gameday is unable to charge Customer’s credit/debit for the full amount of the Damages, Customer agrees to pay for the Damages within five (5) days of Gameday’s request for payment.  

• Customer is responsible for the actions and inactions of Customer, Customer’s guests, and/or any individuals or entities associated with Customer using the Services.  

• Any damages suffered or incurred by Gameday or third parties involved in providing the Services will be charged to Customer. 

• Any Customer who fails to return equipment or otherwise prevents equipment from being removed by Gameday will be charged a late fee, in addition to any other applicable charges. Gameday reserves the right to take reasonable measures to recover any equipment that has not been returned to Gameday. 

CANCELLATIONS, MODIFICATIONS, RESCHEDULING, REFUNDS 

Cancellation or Modification of Services by Gameday 

• All Services are subject to cancellation, modification or suspension, in whole or in part, before or during the Services, in Gameday’s sole discretion, for any reason, including if payments are not received in the amounts and at the times specified herein or in the Confirmation, or if amounts paid are reversed, denied or disputed.  

• If Gameday cancels or modifies the Services, Customer may receive a credit, as described below. Customer may request further modifications to or cancellation of the Services pursuant to the terms of “Cancellation or Modification by Customer” below. 

• When an Event is rescheduled, Gameday will use reasonable efforts to provide the Services to Customer at the rescheduled Event, if requested by Customer, but cannot guarantee that the Services will be available in whole or in part for the rescheduled Event. 

• When Gameday cancels, modifies or suspends Services, Gameday will credit the Customer an amount equal to the amount paid by Customer in relation to the Services that are not provided, reduced by any (i) noncancellable commitments that Gameday has made to third parties in relation to the Services requested, unless Customer has requested that the Services be rescheduled and such amounts can be applied to the rescheduled Services, (ii) payment for ticket(s) and parking permits (if applicable) which are nonrefundable, and (iii) any other amounts owed by Customer pursuant to these Terms and Conditions.   

• If Gameday cancels, modifies or suspends the Services as a result of Customer’s or any of Customer’s guests’ failure to comply with these Terms and Conditions or the terms of its third-party service providers, Gameday may apply any amounts to be credited to Customer to any damages, losses or expenses incurred, or which may be incurred, by Gameday or any third party it uses to provide services. 

• Gameday reserves the right to substitute similar Services if the Services as confirmed by Gameday become unavailable or impracticable to provide. For example, Gameday may substitute vehicles as part of Transportation Services reflected on the Confirmation, provided that the substitute vehicle(s) can accommodate the same number of passengers as the originally-booked vehicle. 

Cancellation or Modification by Customer 

Customer can cancel or modify the Services under these circumstances: 

• More than 45 days before the start of the Services (unless a longer cancelation period is indicated in the Confirmation): Customer can cancel the Services and receive a refund of the amounts received by Gameday from Customer reduced by (i) noncancellable commitments that Gameday has made to third parties in relation to the Services, and (ii) the price of ticket(s) and parking permits (if applicable), which are nonrefundable.   

• 44 to 11 days prior to the start of the Services (unless a different period is indicated in the Confirmation): Customer may cancel the Services and receive a credit towards future Services in the amount received by Gameday from Customer for the canceled Services, reduced by (i) noncancellable commitments that Gameday has made to third parties in relation to the Services as originally booked, and (ii) ticket(s) and parking permits (if applicable), which are nonrefundable. Use of credits is subject to the terms of these Terms and Conditions. 

• 10 days or less before the start of the Services: No amounts will be refunded or credited if Customer cancels within 10 days of the start of the Services, but Customer can transfer the Services to a third party subject to the terms below for Transferability of the Services. 

All sales for ticketed events and parking permits are final, and there are no cancellations, exchanges, or returns.  

All requests to edit, alter or change any details for the Transportation Services must be done through Gameday, drivers are not authorized to change the Services.  

Customer can request modifications to the Services at any time, subject to the following: 

• If the request is for additional Services, Gameday will use reasonable efforts to accommodate the request, but may deny the request in its sole discretion. No modification will be effective unless and until Gameday has issued a Confirmation for the modified Services and received payment associated with the modified Services. No Customer request for a modification will change Customer’s liability for Services that are subject to a Confirmation that has been accepted by Gameday. 

• If the request is to reduce the Services, Gameday will provide the reduced Services if practicable and if the Services meet any minimums set by Gameday or the third parties Gameday use in the provision of Services. If Gameday issues a Confirmation for the Services that have been reduced, Customer will receive a credit for any difference as though Gameday canceled a portion of the Services – see the Terms and Conditions above related to cancellation and credits. Gameday will not be able to refund or credit any amounts for any (i) noncancellable commitments that Gameday has made to third parties in relation to the Services as originally booked, and (ii) tickets and parking permit sales.  

Transferability of the Services 

• Customer can transfer the Services to a third party at any time prior to the start of the Services on notice to Gameday and with Gameday’s express consent, which Gameday can withhold in its sole discretion. Any request to transfer the Services must be made in advance of the start of the Services, must be for the entirety of the Services and is subject to the third party transferee’s (i) meeting all of Gameday’s credit and other requirements, including terms and conditions of Gameday, the Event venue, and all third parties Gameday uses to provide Services, and (ii) agreeing to be bound by these Terms and Conditions. 

• Notwithstanding Gameday’s consent to any transfer, Customer will remain liable for all amounts due under these Terms and Conditions that the third party does not pay Gameday within 3 days of Gameday’s request for payment and all damages or losses incurred by Gameday in relation to the transferee’s use of the Services.  

Credits 

• Gameday credits must be used within 24 months of the start date of the Services that Customer initially contracted for or are subject to forfeiture.  

• A Gameday representative is available on the days of Events to assist Customers. Gameday does not issue credits for Services except as described above, but will work with Customers to address issues when a Customer notifies Gameday in a timely manner sufficient to allow Gameday to attempt to resolve any problems. 

• If Customer experiences any issues relating to Transportation Services and advises Gameday of the issue before the Services have been completed, and Gameday receives a credit from the third-party vendor providing the Transportation Services for those issue, Gameday will credit the Customer with the amount of the credit Gameday receives.  

• No discount, refund, or credit will be provided for malfunctioning or unavailable amenities on vehicle(s) or other Transportation Services, or in relation to Media Packages, including but not limited to TV/DVD, radio, Bluetooth, PA system, WIFI, USB chargers, outlets, or heating/cooling. 

CUSTOMER’S GENERAL OBLIGATIONS AND LIABILTY 

Customer accepts all responsibility for injury or property provided in the course of the Services and acknowledges all risks stemming from or associated with the Services, including risk of damage to or loss of property, or risk of serious personal injury or death. Customer accepts sole responsibility for such risks on his/her/their behalf and on behalf of guests and others using the Services.  

Customer assume(s) for himself/herself/themselves and on behalf of guests and others using the Services all risk and/or danger, known and unknown, foreseeable and unforeseeable resulting from or incidental to the Services, whether occurring prior to, during, or subsequent to, the Services or Event, including any but not limited to, any death, personal injury or loss, damage or liability whatsoever. Customer assumes all liability for any and all damages, expenses and costs which may occur in relation to the Services, whether incurred by Customer or others, including but not limited to use of illegal substances or underage consumption of alcoholic beverages, at any time before, during, or after the Services. Customer and guests must act in a responsible manner to preserve the condition of the vehicle(s), hotels, and equipment, and Customer assumes full responsibility for any damages to any property that occurs in connection with the Services, whether by accident, neglect, or with intent.  

Customer and Customer’s guests shall respect the interests of other customers of Gameday, as well as other attendees at the Event for which Gameday is providing Services.  

Customer agrees that any equipment rented or provided in the course of the Services will be used only for the purpose for which it is normally and customarily intended to be used. Customer represents and warrants that he/she/they are familiar with and experienced in safe operation of the equipment. Customer is solely responsible for any damage to or destruction of the equipment during the Services; will use the equipment only at the location(s) indicated on the Confirmation and in connection with the Event; and will take all action reasonably necessary or prudent to prevent damage to the equipment during Services. 

Any Customer who has questions, problems, or concerns with any aspect of the Services on the day of the Event should call Gameday at 574-318-3905 as soon as possible so that Gameday can take all reasonable steps to address your questions, problems, or concerns.  

DESCRIPTION OF SERVICES 

Equipment Rentals 

Customer will inspect the Equipment on receipt and confirm that it is in good working order. 

When Customer has contracted with Gameday to pick up Equipment, Customer will pick up the Equipment from the facility specified on the Confirmation.   

When Customer has contracted with Gameday for delivery of the Equipment, Gameday will deliver, set up, take down, and remove the Equipment as specified in the Confirmation. Gameday cannot guarantee Equipment can be placed within a specified area at the location of an Event.   

The rental begins on the earlier of the day and time(s) shown on the Confirmation or the time the Equipment is picked up by Customer or delivered to the Location. If Customer is picking up the Equipment, Customer is responsible for doing so during the hours of operation of the facility where the Equipment is located. Gameday is not responsible for Customer’s inability or failure to pick-up or return Equipment outside of the facilities hours of operation. 

The rental ends on the later of the day and time Customer returns the equipment to the return location shown on the Confirmation, or the day or time the equipment is removed by Gameday staff. Failure to return equipment at the date and time specified on the Confirmation or to make it available for pickup by Gameday will result in additional fees being charged to Customer and could subject Customer to civil or criminal penalties.   

In the event the Equipment is not in good working order during the Services, Customer must notify Gameday within thirty minutes (30 minutes) of learning of the issue and allow Gameday to attempt to repair, replace or otherwise address the issue. Failure to advise Gameday of issues with the condition of the Equipment shall be deemed Customer’s confirmation that all of the Equipment was in good working order.   

In the event of any circumstances which might make use of the Equipment unsafe during the rental period and/or Event, Customer agrees to stop using the Equipment. 

If the Services include a Media Package (generally a television, television stand, satellite, receiver, respective power and broadcast cords, and a power source), Customer acknowledges and agrees that Gameday is not responsible for the availability of any television broadcast and shall not be held liable for any channel “blackouts”, transmission failures, or inability to obtain service for any reason. In the event of such issues, no refund for the Media Package will be provided.  

CATERING AND BEVERAGE SERVICES 

Customer acknowledges that Gameday contracts with third-party catering and beverage service providers to provide such services, and that in addition to the terms in this Agreement, Customer will be subject to, and is required to comply with, the terms of the person or entity providing the Catering and Beverage Services. Gameday has no liability or responsibility for such third parties other than to request that they provide the Catering and Beverage Services shown in the Confirmation and paid for by Customer. Customers and any of Customer’s guests are responsible for their own safety while consuming food and/or alcohol before, during, or after the Services. 

Gameday allows Customer to adjust the final number for Catering and Beverage Services no later than ten (10) days prior to the Event, pending availability with the third-party vendor(s) providing such Services.  

In the event that the total number for Catering services decreases, thus lowering the costs for the Services, Customer may receive a refund for any excess amount paid for the Services if Customer informs Gameday more than forty five (45) days prior to the Event/start of Services. If Customer informs Gameday of the change 11-44 days before the Event/start of Services, Customer may receive a credit for the amount paid in excess of the final amount. If Customer informs Gameday of the change 10 days prior to the Event/start of Services, Gameday will not issue to Customer a refund or credit for the excess amount. 

Customer and Customer’s guests must obey all applicable federal and state laws, regulations, and restrictions regarding the consumption of alcohol both on any vehicle(s) provided by Gameday and during any Event(s). Gameday and the third parties it uses to provide Services are not responsible for any violations of applicable laws, regulations, and restrictions by Customer and/or Customer’s guests. 

Gameday and the third parties it uses to provide Services reserve the right to deny or restrict the service of alcohol to any Customer and/or guests. No Customer and/or guest will attempt to have anyone served alcohol where such service or consumption would violate applicable law. 

Customer assumes all liability for any and all damages, expenses and costs which may occur when alcoholic beverages are present at any time before, during, or after the Services, whether incurred by Customer or others, including but not limited to underage consumption of alcoholic beverages.   

Alcoholic beverages for consumption are permitted in certain agreed-upon areas only. Taking alcohol into public spaces where alcohol is not permitted (such as rest stops, restaurants, or other sites) is strictly prohibited.   

TRANSPORTATION SERVICES AND ACCOMMODATIONS 

Customer acknowledges that Gameday contracts with third-party transportation carriers and hotels/motels to provide Transportation Services and Accommodations and that in addition to the terms in this Agreement, Customer will be subject to, and is required to comply with, the terms of the person or entity providing the Transportation or Accommodation Services. Gameday has no liability or responsibility for such third parties other than to request that they provide Transportation Services and/or Accommodations shown in the Confirmation and paid for by Customer. Customers and any of Customer’s guests are responsible for getting to and from the pickup and drop off locations for Transportation Services and Accommodations. 

The Transportation Services and Accommodations are available for only for the times shown in the Confirmation. Gameday assumes no obligation to extend Transportation Services beyond the time(s) shown in the Confirmation. 

Gameday is not responsible for delays in Transportation Services (for example, due to traffic) or changes in Accommodations (for example, due to a hotel changing rooms or denying services for any reason) and will notify Customer as soon as reasonably possible of unexpected issues that may postpone or otherwise affect the Services.   

Gameday personnel, the hired driver(s), and other contracted persons reserve the right to inspect any and all packages or containers that Customer and guests want to transport or take into the Accommodations or Events.  

There is NO SMOKING allowed on the vehicle(s) at any time. This includes but is not limited to vaporizers, cigarettes/cigars, and e-cigarettes. 

TICKETING AND PARKING SERVICES 

Ticketing and Parking services can be booked directly with Gameday staff or through our website. Sales for such services are nonrefundable. In certain circumstances, an Event vendor may, if an Event has been rescheduled, honor tickets and/or parking permits purchased for the original Event on the date of the rescheduled Event. 

ACCESS 

Gameday and any third parties providing Services reserve the right to refuse to transport or provide Accommodations to, or to stop providing Services to, or restrict access by, anyone found to be consuming alcohol underage and/or while appearing to be intoxicated, using federally-banned drugs or substances, or carrying weapons, or deemed to be disruptive, or who otherwise exhibit behavior that might pose a safety issue to themselves or to others. Gameday and any third parties it uses to provide Services are not responsible and have no liability for such behaviors, even when they result in delay or cancellation of the Services. Gameday and others involved in providing Services may contact local authorities to report such behavior.  

TERMINATION  

Gameday reserves the right to terminate the Services at any time, either before or after the start of the Services, if Customer or any of its guests fail to comply with these Terms and Conditions and pursue any remedies available to it, including but not limited to, removing or taking possession of the Equipment wherever located, with or without notice to Customer or legal process, and regardless of whether the Services have been completed or the Event has concluded, Gameday and/or its agents may enter upon any premises of or under the control or jurisdiction of Customer or any agent of Customer, without liability therefore to Customer, and remove the Equipment; and/or discontinue the Services. No remedy under this paragraph is intended to be exclusive, and each shall be cumulative, but only to the extent necessary to permit Gameday to recover amounts for which Customer is liable hereunder. No express or implied waiver by Gameday of any breach of Customer’s obligation hereunder shall constitute a waiver of any other breach of Customer’s obligations hereunder.  

ASSIGNMENT 

The right to receive Services is personal to the Customer, and may not be sold, assigned, or transferred except without prior written consent of Gameday and as otherwise provided above.  

DISCLAIMER OF WARRANTIES AND LIMITED LIABILTY, WAIVER OF JURY TRIAL 

Gameday makes no warranty or representation about the quality, design, condition, capacity, suitability, or performance of the equipment or the Services and to the fullest extent permitted by law, disclaims all warranties. The Customer agrees that all equipment and Services are provided on an “AS-IS” Basis. 

To the fullest extent permitted under law, Gameday assumes no liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any direct, indirect, incidental, special, or consequential damages or liabilities (including loss of revenue or profit) arising with respect to use of the Services. By booking and participating in the Services, Customer agrees that Gameday is not responsible for any claims for injuries, loss, damage, death, liability, criminal or civil litigation for the participating individual arising out of or relating to the Services or Events.   

In no event will Gameday or any of its subsidiaries or affiliated entities, or the third parties it uses in the provision of equipment and Services, and their respective officers, directors, employees, contractors, agents, licensors or suppliers, be liable for damages in excess of the amounts paid by Customer for the Services reduced by any amounts incurred or paid by Gameday, including amounts paid to third parties, in relation to such Services, under any legal theory arising out of or in connection with customers use, operation or possession of the equipment or in the course of receiving the Services, including but not limited to personal injury pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, business interruption or anticipated savings, loss of use, loss of goodwill and weather caused by tort, negligence included, breach of contract or otherwise, even if foreseeable and even if Gameday and or other parties listed above have been advised or should have been aware of the possibility of such damages. 

Gameday assumes no responsibility for any and all articles or items Customers or guests bring to or leave at Events, in vehicles, or accommodations.  

The Customer waives a trial by jury and counter claims for any claim arising out of or related to this agreement. 

Neither party will be liable for any exemplary, special, incidental, indirect, punitive or consequential damages of any kind. 

In no case shall the Customer seek any compensation or refunds beyond cure offered by Gameday. 

FORCE MAJEURE 

Gameday shall have no liability for any delay or default in performance of its obligations under this Agreement if such delay or default is caused by conditions beyond Gameday’s reasonable control, including but not limited to, nonperformance of any third party involved in providing the Services, vehicle breakdowns, accidents, traffic, acts of God (including pandemics, weather); decisions, restrictions, or regulations imposed by the local, state, or federal government or by the colleges or universities; strikes, war, political unrest and/or insurrections; and/or any other cause beyond the reasonable control of Gameday. As part of this Agreement, Customer hereby releases Gameday from any claim for damages or other liability arising from any delay or default due to the aforementioned conditions.  

INDEMNITY 

Customer agrees to defend, indemnify and hold harmless Gameday and its or any of its subsidiaries or affiliated entities, or the third parties it uses in the provision of equipment and Services, and their respective officers, directors, employees, contractors, agents, licensors or suppliers with respect to any claim arising from Gameday’s actual or alleged act, failure to act, error, or omission in the performance of its obligations under this Agreement or any governing law or regulation. 

LEGAL FEES 

In any action brought by Gameday to collect amounts owed by Customer, to enforce these Terms and Conditions, or otherwise related to the Services, Gameday shall be entitled to all fees and costs, including attorneys’ fees, it incurs in relation to such any action.  

GOVERNING LAW AND CONSTRUCTION 

These Terms and Conditions and the performance thereof shall be governed by the laws of the State of Illinois, without regard to its conflicts of law principles. Venue for any dispute arising out of or in connection with this Terms and Conditions shall be the state and federal courts of Cook County, Illinois. Customer hereby irrevocably submits to the jurisdiction of such courts. 

NOTICE 

Any notice required to be given to Gameday under this Agreement shall be given as described. Where not specified, notice shall be given in writing and shall be deemed delivered upon receipt when personally delivered, sent by overnight delivery service, or certified mail, postage prepaid, and return receipt requested, or received by email at Info@Gamedayyourway.com. 

Notices to the Customer shall be deemed received when sent from Gameday to the email address set forth on the Confirmation. 

TITLE 

All title and property rights shall remain with Gameday.  

ENTIRE AGREEMENT, AMENDMENT 

This Agreement, together with the terms specified in the Confirmation and Invoice, constitute the entire and only agreement between the parties hereto and expressly supersedes and cancels any other agreement, whether oral or written, relating to the subject matter hereof. This Agreement may only be amended, supplemented, or modified by a written instrument provided by Gameday.  

Failure to enforce any of the provisions of this Agreement shall not be deemed or construed as a waiver of any such provision, nor shall it affect the validity of this Agreement or any provision hereof, or the right of any of the parties hereto to thereafter enforce each and every provision of this Agreement.  

SEVERABILITY 

Any term or condition of this Agreement which is determined by a court or other governmental body to be unenforceable in any jurisdiction will, as to such term or condition and jurisdiction only, be deemed severed to the extent of such unenforceability and, subject to such severance, this Agreement will continue in effect in accordance with its other terms and conditions.