

This application (the "Application") is available to homeowners who wish to be a host ("Host") for a Bookable Backyards event (the "Event"), each a private event being made available as part of a promotional campaign by Zulu Alpha Kilo Inc. ("Agency"). By submitting an Application, each applicant ("you") agrees to be legally bound by the terms and conditions of this written agreement (the "Agreement"), which will form a binding and enforceable legal contract between you and Agency, to make available the designated backyard space ("Backyard") on the dates (each a "Date") and for the duration of time indicated in this Application. You agree that if you are selected to be a Host, you will make the Backyard available on such dates and times agreed to for the Event(s), each with a predetermined maximum number of guests ("Guests").
By submitting this Application, you represent and warrant that you have the legal authority to make available the Backyard for the Event(s) and will do so on the terms set out herein and as may be further agreed to in writing in advance.
You acknowledge and agree that if selected as a Host, Agency shall be making the Backyard available for one or more Event as part of a promotional campaign ("Campaign") for an Agency client.
You agree that the Backyard may be photographed or recorded by Agency and Guests (each a "Recording"), and that the Recordings may be published, distributed, and otherwise used by Guests for non-commercial purposes, and Agency for all purposes and in all media without any compensation owed to you for any use. Host may be required to execute a written Recordings release at the election of Agency.
The Event will be held on one or more of the following dates in 2025: June 21st, June 22nd, June 28th, June 29th, July 5th, and July 6th.
A Host may modify or cancel their Application until 11:59pm ET on April 30, 2025. From the date of May 1, 2025, Host shall be financially liable for any revisions, restrictions, refusal of access, or other non-availability of the Backyard to Agency during the times and dates agreed to (each a "Refusal of Access"). In the event of any Refusal of Access that has not been initiated and requested by Agency, in order to offset the related costs, including booking alternate venue(s) with short notice, Host shall pay to Agency an amount of four thousand dollars ($4,000) as liquidated damages and not as a penalty.
Where Agency determines that for any reason the Event may not be executed as intended, Agency may terminate this Agreement and any Event booking by written notice to Host, effective immediately. Where either Agency or Guests have reasonable concerns that impede the execution of the Event as intended, Host may be asked, and may agree or disagree, to permit an alternate Date arranged between the parties. Agency may modify the terms of this Agreement as reasonably required to align with and ensure the execution of the Campaign as intended and in the event of any such modification which would reasonably be deemed detrimental to the rights of Host, Host shall have the right to terminate this Agreement without penalty as it sole remedy and recourse.
In order to efficiently coordinate the Events with Guests, Hosts will be required to create an account and upload photos of their Backyard to a third-party venue rental platform, subject to the terms of that platform.
Host agrees to keep all information about the Event and Campaign confidential except as otherwise authorized by Agency in writing. Following the public launch of the Campaign, Host may share or otherwise disclose public information about the Campaign, and having been selected as a Host. In no event may Host record or disclose any personal information about any Guest nor any Agency representative.
Host shall specify in the Application the maximum number of Guests authorized to attend the Backyard at any one time.
Host shall make available a washroom in clean and sanitary conditions, for the exclusive use by Guests and Agency representatives for the duration of the Event.
Agency shall coordinate with Host to allow Agency representatives to inspect the Backyard prior to selection as a Host, and within the week prior to the first Date.
Host shall make available the entire Backyard as designated in the Application. Any restrictions or modifications to the space must be communicated to Agency in writing and approved in advance. In the event that Agency determines that the restrictions or modifications to the Backyard render the space inapplicable for the intended purposes, Agency may terminate this Agreement without fee or penalty by providing written notice to Host. No changes or restrictions on the space may be made or imposed following the inspection of the Backyard by Agency, and any such change or restriction shall be deemed a breach of this Agreement for which Host shall be fully liable.
Where the Backyard has been selected for an Event Date that falls on a Saturday, and the Backyard has also been selected for an Event Date for the following day, Host shall permit that Agency to leave in place in the Backyard certain Campaign and promotional items until the conclusion of the Sunday Event. Assets will all be removed, and the Backyard returned to good order, by the end of the Activation Hours on the Sunday.
Agency and Guests are to have full access to the Backyard from 12:00 PM to 6:00 PM on the Event date ("Activation Hours").
Agency will make available an Agency representative ("Brand Ambassador" who will be the point of contact for the Host regarding the Event. The Brand Ambassador will be available to Host for any questions and communications with the Guests in advance of the Event. The Brand Ambassador will be onsite during the Activation Hours, and for the duration of the Event, and shall be the Agency authority on premises for the Event. Brand Ambassador will provide supervised access to Guests to the in-home washroom, and ensure that no Guest is inside the Host's residence unsupervised.
In the event of any weather conditions which make it unreasonable or unsafe to hold or continue with the Event, the Brand Ambassador will communicate directly with Host.
Host shall provide privacy to Guests during the use of the Backyard by Guests. To this end, Host shall not view, watch, record, or interact with Guests, nor permit nor enable any other individual or security system to do so. All video recording equipment that would record the Backyard must be disabled during the Activation Hours. Host shall refrain from activities that may reasonably interfere with the Event or use of the Backyard, including playing loud music or other similar activities.
Host may elect to be at home or absent during the Event. In the case of a homeowner absence, anticipated or unanticipated, Host must coordinate granting access to the Backyard and ensure continued access to the washroom, both for the duration of the Activation Hours, with the Brand Ambassador.
If the Host has any concerns about the Event, Guests, or otherwise before, during, or after the Event, Host shall communicate directly with the Brand Ambassador, who will be Agency's onsite representative authorized to ensure that any concerns of Host or Guests are addressed immediately. The Brand Ambassador is authorized to raise and act on any concerns with respect to Guest behaviour or safety, and is authorized to terminate the Event in any case where they assess egregious or dangerous behaviour.
Host shall be required to provide proof of homeowner insurance in respect of their residence, including the Backyard, to Agency prior to being confirmed as a Host.
Agency shall have in place event insurance in respect of all activities planned for the Event, for all Activation Hours.
Notwithstanding any other provision of this Agreement, the maximum liability of one party to another party under this Agreement shall be limited to a maximum of ten thousand dollars ($10,000) except for any breach of confidentiality, violation of privacy, or act or omission resulting in bodily harm.