HomeMy WebLinkAbout2023-256BSTREAMING VIDEO LICENSING AGREEMENT
This LICENSING AGREEMENT ("Agreement") is entered into effective the greda
Y
of/ e 201(the "Effective Date"), by and between Steve Billig, an individual doing business
as "Live Pickleball Courts" (as "Licensor'), whose address is 410 South Front Street, Unit 210,
Philadelphia, PA 19147, and Indian River County, a political subdivision of the State (as
"Licensee"), whose address is 1801 271 Street, Vero Beach, Florida 32960. The Licensee and
Licensor are sometimes individually referred to herein as a "Party" and collectively as the
"Parties."
Recitals
WHEREAS, Licensor is in the business of selling advertising to businesses and
individuals;
WHEREAS, Licensee is the owner and operator of 12 pickleball courts at Richard "Dick"
Bird Park in Vero Beach Florida (the "Facility");
WHEREAS, Licensor, at his sole cost and expense desires to provide two web cameras
and other required equipment to allow Licensee to continuously stream pickleball play at the
facility to the public, and others as may be desired by Licensee;
WHEREAS, Licensor certifies that it and its related entities, as defined by Florida law are
not on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725 of the
Florida Statutes; and are not engaged in a boycott of Israel; and
WHEREAS, Licensee shall terminate this Agreement if Licensor, including all wholly
owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose
of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel
List or is engaged in a boycott of Israel as set forth in § 215.4725, of the Florida Statutes.
NOW, THEREFORE, in consideration of the use of the facility for live streaming
pickleball play and other valuable consideration, the legal sufficiency of which is hereby
acknowledged by both Parties, and of the mutual covenants herein contained, the Parties, as
indicated by their authorized representative's signatures below, hereby agree to the terms and
conditions set forth herein:
1. The Parties agree that the foregoing Recitals are true and correct and are fully
incorporated herein by reference.
2. Licensor shall, at his sole cost and expense provide Licensee with two (2) web
cameras and all necessary equipment necessary (the "Equipment") to allow continuous
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streaming video of pickleball play on Licensor's website. The Equipment shall remain the
property of Licensor, subject to the other terms of this agreement. Licensor does hereby assume
all risks of loss for damage and destruction of the Equipment unless such damage is wholly
caused by the intentional acts of Licensee. Licensor shall not be charged any fees of any kind or
nature to Licensee for the use of the Cameras or for the streaming of the video feed from the
Facility. The benefit derived by Licensor in entering this agreement solely is to be able to
provide advertising content from its advertisers to anyone livestreaming Licensee's facility.
3. Licensor shall install the Equipment at the Facility in such positions at the Facility as
agreed by both Parties. In no case shall the Equipment at the Facility capture, film, record, or
broadcast any place that is objectively considered private or has a reasonable expectation of
privacy.
4. Licensee does hereby grant Licensor a revocable license to include the video feed
from the Facility (the "Video Feed") on its website livepicklebalicourts.com, except however
Licensor shall not be entitled to charge any fee or consideration for broadcast, or re -broadcast of
the Video Feed without the prior written consent of Licensee.
5. Licensor may include advertisements on its website which are related to the sport of
pickleball or other lawful activities and purposes provided such advertisements are of a "G-
rating" and would not be generally considered offensive to underaged family members. Without
limiting the generality of the foregoing, no advertisement which appears on
livevickleballcourts.com shall promote adult entertainment, drugs, or any unlawful or any mature
/ adult activity or production.
6. This Agreement is and shall constitute a revocable license allowing either party upon
written notice to the other to immediately terminate the license by providing written notice by
US certified mail to the other (the "Termination Notice"), with neither party owing any further
obligation to the other except as specifically set for in this paragraph. If terminated then
Licensee shall cooperate in returning the Equipment in "as is" condition to Licensor at
Licensor's expense. Licensor shall provide shipping instructions and costs of shipping to
Licensee and Licensee shall cause the Equipment to be returned to Licensor. In the event the
license is terminated and Licensor has not provided shipping instructions and associated fees to
Licensee within fourteen (14) days from receipt of the Termination Notice then the Equipment
shall be deemed to be abandoned and Licensee may discard the Equipment as it deems
appropriate.
7. This contract shall be construed according to the laws of the State of Florida.
8. Any and all notices required or desired to be sent pursuant to the agreement, including
the Termination Notice shall. be sent to the following address:
If to the Licensor:
e
Steve Billig, d/b/a "Live Pickleball Courts"
410 South Front Street
Unit 210
Philadelphia, PA 19147 Email: info Glivepickleballcourts.com
If to Licensee:
Attn: Beth Powell
Indian River County iG Center
Indian River County Parks, Recreation & Conservation Department
1590 9`h St. SW
Vero Beach, FL 32962
IN WITNESS WHEREOF the Parties have executed this contract to be effective on the
Effective Date.
LIVE PICKLEBALL COURTS
Steve Billig
By:
Na with �-.
Title: e -i .n
BOARD OF COUNTY COMMISSIONERS
IND
LIN
BCC Approved:
Approved
By:
John A. Titkanich. Jr.
County Administrator
Attest: Ryan L. Butler, Clerk of Court
Comptroll
By: 0�
eputy Clerk
Approved as to form and legal suff iency
William K. DeBraal
County Attorney