LAPF Competition Terms and Conditions
The LAPPG’s L.A. Post Fest Competition OFFICIAL RULES
ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY (“APPLICABLE LAWS”).
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This contest is subject to these official rules and all federal, state and local laws and regulations. The terms and conditions that govern the party’s relationship (“Terms and Conditions”) are set forth below:
1. Promotion Details
1.1 The Los Angeles Post Production Group’s, L.A. Post Fest, (the “Competition”) is sponsored by Allied Media, Inc., a California corporation doing business as Los Angeles Post Production Group, located at 1158 26th Street #272, Santa Monica, California 90403, United States, its representatives, designees, licensees, and assigns (hereinafter collectively referred to as “LAPPG”), and any and all of its decisions on all matters relating to this Competition will be final and binding. The Competition consists of a skill-based competition in which eligible entrants (hereinafter referred to as “entrants”, “you” or “your”), who are at least the age of majority in the state and/or country in which the entrant resides, create a derivative version of a template film based on an LAPPG-owned script (the “Film”), using only certain additional film assets. In other words, LAPPG will provide all entrants will access to the same Film and film assets, and the entrants’ task will be to create a unique derivative version of the Film, as further described in Section 2 below.
1.2 YOU MUST READ THE ENTIRE TERMS AND CONDITIONS TO FULLY UNDERSTAND WHAT YOU ARE AGREEING TO WITH REGARDS TO THIS COMPETITION. YOU REPRESENT AND WARRANT TO US THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT. By entering the Competition, you affirm your agreement to abide by the Terms and Conditions, notices, disclaimers, and other provisions, found herein and associated with the Competition, which may be updated from time to time (collectively referred to hereinafter as the “Rules”). You accept that this is a legally binding electronic contract between you and LAPPG, (“we”, “us”, or “our”), regarding your participation in the Competition.
1.3 ONLY ELIGIBLE CONTESTANTS MAY PARTICIPATE IN THE COMPETITION AND/OR WIN THE PRIZE PACKAGE, AS DEFINED BELOW. LAPPG EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE).
2.1 To enter the Competition, you will access the Film and certain film assets (“Approved Film Assets”), which LAPPG will make available to you after your acceptance of these terms and conditions and payment of entry fees.
2.2 You will then create a derivative version of the Film using only the Approved Film Assets (your “Derivative Film”). Once you have created your Derivative Film, then you will submit it to LAPPG by uploading the file according to the instructions you will receive with your entrant credentials to download the Approved Film Assets.
In order for any submission to be deemed complete, you must provide responses to any questions, as well as any requested contact information. There shall be one (1) Derivative Film submitted per entry, and each submission shall be accompanied by a full submission fee.
2.3 The Competition will run from 10:00:00 AM PST on November 15, 2015 (the “Starting Date”) and continue through 11:59:00 PM PST on February 7, 2016 (the “Closing Date”) (collectively the “Competition Period”). Your Derivative Film must be uploaded by the Closing Date. For clarity purposes, no entries will be counted before or after the Competition Period. At the end of the Competition Period, LAPPG will judge the submissions and select one (1) winner per category, as described more fully in Section 6 below. The potential winning of the prize, as more fully described in Section 6.2 below, is subject to verification, as set forth below. Entry is not complete until you have properly followed all the online prompts and instructions to upload your Derivative Film so that your Derivative Film submission is received and you have affirmatively accepted the Rules.
2.4 This Competition is open to residents throughout the world (void where prohibited). This Competition is open to all ages; however, You must be at least 13 years old as of the Starting Date to enter this Competition. If you are under age 18 (or the age of majority under applicable law), we require your parent or guardian’s written consent before we can accept your entry for this competition (parents, please contact us by email).
2.5 LAPPG reserves the right to cancel and/or extend the Competition or to the extent as may be necessary amend these Terms and Conditions without notice in the event of any and all circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. This applies in particular if the Competition cannot be executed properly due to technical or legal reasons. No liability shall attach to LAPPG as a result thereof.
2.6 Officers, directors, and employees of LAPPG, and any of its subsidiaries and/or agencies associated with this Competition, as well as the immediate families of those persons and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter. Any such entries will be invalid.
2.7 You may submit more than one Derivative Film in this Competition, however, any duplicate entries will be deleted and you will be disqualified from this Competition. Derivative Films that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at LAPPG’ and/or any other entity’s servers), are void and will not be accepted. Derivative Films that are not reasonably pertinent to the Competition, as determined by LAPPG in its sole discretion, or are otherwise in violation of these Rules will be disqualified. Thus, only Derivative Films that are created using the Approved Film Assets will be considered valid Derivative Films. Any submission of any invalid Derivative Film will be immediately removed and excluded from the Competition.
2.8 All standard telephone, Internet, network and data charges will apply (there is no additional charge to enter this Competition) and you must have the bill payer’s permission prior to entering the Competition. You will be solely responsible for all costs of making and submitting your Derivative Film.
2.9 Pursuant to Section 3 below, any Derivative Film will be the property of LAPPG or shall be deemed assigned and/or licensed to LAPPG on an exclusive, royalty-free (except where prohibited by applicable law), irrevocable basis (see Section 3 “Grant of Rights” below). LAPPG is under no obligation to make any use of any Derivative Film submitted. Notwithstanding the foregoing, LAPPG may use, edit, and adapt the Derivative Film you supply in any manner or medium.
3. Ownership; Grant of Rights
3.1 You acknowledge and agree that LAPPG is the sole and exclusive owner of the intellectual property in and to the Film and certain Approved Film Assets, throughout the
universe, and in perpetuity. Furthermore, you acknowledge and agree that LAPPG controls, and has the right to use, the intellectual property in certain other Approved Film Assets. You may use the Film and the Approved Film Assets solely for the creation of your Derivative Film in order to enter this Competition. You shall have a revocable, non-exclusive, limited license within the Competition Period to use the Film and the Approved Film Assets solely for the purpose of entry of this Competition. Any use of the Film or the Approved Film Assets beyond the scope of this license shall constitute an immediate breach of these Rules and be considered an intentional infringement on LAPPG’s, or a third party’s, rights. Without limiting the generality of the foregoing, LAPPG does not grant you the right to share, post, comment, message, text or otherwise reproduce, perform, or disseminate the Film or the Approved Film Assets (or any derivative versions thereof) in connection with any physical or digital outlet (i.e., social media platform) during the Competition Period. Commencing two (2) months after the announcement of the Competition winner, you shall have a limited, revocable right to use your Derivative Film strictly for private promotional purposes only.
3.2 Subject to applicable laws, your Derivative Film shall be deemed a “work made-for-hire” specially ordered by LAPPG pursuant to the United States Copyright Act of 1976, as amended, with LAPPG being deemed the sole author and owner thereof. In the event your Derivative Film is determined not to be a “work made-for-hire”, you hereby irrevocably grant and assign to LAPPG any and all rights (including but not limited to proprietary and intellectual property rights, together with the right to amend your Derivative Film, and transfer LAPPG’ rights to the Derivative Film) therein throughout the universe in perpetuity.
3.3 Subject to applicable laws, LAPPG shall be the sole owner of the entire copyright and all other rights in and to your Derivative Film and the results and proceeds of your services in connection therewith. You hereby grant to LAPPG the right and all consents necessary to enable LAPPG to exploit your Derivative Film throughout the universe without any payment or royalty to you (or any third party) of any nature (except where prohibited by applicable law) and, to the fullest extent permissible by applicable law, you waive any so called moral rights or similar rights you may have or acquire in connection herewith. To the extent that you acquire any copyright in or to the Derivative Film you hereby assign the same, including without limitation any and all respective exploitation rights, to LAPPG by way of present assignment of present and/or future copyright for the full duration thereof (including all extensions and renewals).
3.4 You hereby grant to LAPPG (and its licensees, affiliates and assigns), an irrevocable, perpetual, worldwide, exclusive, royalty-free, fully paid up, license (and the right to sub-license such rights) to adapt, use, copy, transmit, display, broadcast, exploit, manipulate, make available or otherwise distribute, publicly perform, digitally perform and/or otherwise use any Derivative Film in any medium and in any manner now or hereafter known without any payment to you (or any third party) of any nature, except where prohibited by applicable law.
3.5 To the fullest extent permissible by applicable law, you hereby waive, and shall procure that any other person involved or performing in the Derivative Film waives, any so-called moral rights or similar rights in connection with the Derivative Film and consents to the use of your performance(s) as provided by these Rules.
3.7 You will, at the request of LAPPG, execute any additional documentation reasonably required by LAPPG to further assure the grant of rights hereunder.
3.8 LAPPG may at its sole discretion opt not to use, without notice or reason, any Derivative Film that LAPPG believes is inappropriate or in breach of these Rules.
3.9 With respect to any Winning Derivative Film, as defined below, any Winner hereby assigns and grants LAPPG the right to sell and otherwise commercially exploit such Derivative Film, without any additional consideration or payment to you (or any third party) of any nature (except where prohibited by applicable law), in any medium and in any manner now or
hereafter known. For the avoidance of doubt these Rules may not be revoked or otherwise terminated by you.
4. Representations and Warranties
4.1 You represent and warrant to LAPPG that:
4.1.1 the Derivative Film supplied by you does not, and shall not, violate the rights of any third party, including, but not limited to, copyrights, performer’s rights, moral rights, trademark rights and/or any other intellectual property rights; and
4.1.2 the Derivative Film supplied by you is not false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence; and
4.1.3 the Derivative Film supplied by you does not and shall not create any liability for LAPPG, its successors and assigns and/or any of their respective licensees; and
4.1.4 the Derivative Film supplied by you does not contain a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, LAPPG or any hardware, software, or equipment; and
4.1.5 the Derivative Film supplied by you does not contain any advertising, promotional material, or other form of solicitation or any non-public information about a company; and
4.1.6 all new elements contributed by you that are embodied in the Derivative Film, including, without limitation, visual effects, composites, animations, and the compilation of elements, were originally created by you; and
4.1.7 you have no right title or interest in the Film or the Approved Film Assets within your Derivative Film thereof.
5.1 You agree to indemnify, defend and hold harmless LAPPG, its successors, licensees and assigns and the licensors of each, and your respective, affiliates, vendors, distributors from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
. 5.1.1 any breach of these Rules;
. 5.1.2 any use of a Derivative Film supplied by you or by any other person or third party under
5.2 To the fullest extent permissible by applicable law, you irrevocably waive the right to assert any claim against LAPPG or any LAPPG company or licensee in relation to the use of your Derivative Film, including, but not limited to any claim arising from, copyright, performer’s rights, moral rights and trademarks. For avoidance of doubt, subject to applicable laws, you agree to waive any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of your Derivative Film.
6. The Winners
6.1 After the Competition Period, one (1) Derivative Film in each category, which shall be determined in LAPPG’s sole discretion (each a “Winning Derivative Film”) will be selected from all valid entries, by LAPPG (collectively, the “Judges”), in their sole discretion. Derivative Films will be judged based upon the following criteria: 1) Performance Quality (34%); 2) Creativity (33%); and 3) Originality (33%) (“Judging Criteria”). The Winning Derivative Films will be those that receive the highest overall score, subject to verification of eligibility and compliance with these Rules. The Judges’ decision is final. The person responsible for any such Winning Derivative Film shall be deemed a Winner. The Winner(s) Derivative Film(s), subject to LAPPG’ sole discretion, may be featured on the website and/or web channels (for example Facebook page) of LAPPG, and LAPPG may make further use of the Derivative Film, as set out in the clauses herein. The Winner(s) will be announced by LAPPG on or around March 1, 2016 by publication on the LAPPG website. The Winner(s) will further be contacted by email or telephone directly by LAPPG to be notified that they have been chosen. LAPPG will not notify unsuccessful entries. If you are one of the Winners, LAPPG will request that you contact LAPPG to provide proof of identity and age. Any Winner(s) will also be required to return a completed, signed, and unmodified official affidavit of eligibility, whereby any Winner(s) shall provide his/ her contact information as well as warranties and representations regarding identity, and availability to accept the Prize Package, as well as a release of liability, and (except where prohibited) a publicity release (collectively, the “Documents”) within two (2) or less business days after such notification. Faxed or Scanned copies of the Documents will have the same force and effect as the original documents. Noncompliance within this time period will result in disqualification. If any Winner(s) cannot be reached, or is found to be ineligible, or cannot or does not comply with these Rules, or if his/her Documents are returned as undeliverable, such Winner(s) will be disqualified. If you do not promptly (within two (2) business days of any request made by LAPPG) provide us with any of the information we have requested under this paragraph, you may be disqualified from the Competition at the sole discretion of LAPPG. The Prize Package, as defined below, will be forfeited with respect to any selected Winner and will be awarded to an alternate Winner, in the successive order that the Derivative Films are ranked by the Judges, upon the occurrence of any of the following: (i) the failure of the Winner to redeem the Prize Package by April 15, 2016; (ii) the return of a prize, prize notification or winner announcement email to Sponsor as non-deliverable; or (iii) the rejection of a prize by a Winner.
The Prize Package
6.2 Any selected Winner(s) will receive designated prizes (the “Prize Package”) which includes:Blackmagic Resolve 12, iZotope RX 5 and many other software prizes. The approximate retail value (“ARV”) of all of the prizes is Fifteen Thousand Dollars($15,000.00). There is no monetary value associated with the opportunity to have the Derivative Film promoted and used by LAPPG. Any difference between actual value and stated ARV will not be awarded. No cash equivalent or alternative Prize will be given and the Prize is non-transferable.
6.3 No substitution, cash redemption, or transfer of prize is permitted except at the sole discretion of LAPPG. If prize, or any portion thereof, cannot be awarded for any reason, LAPPG reserves the right to substitute prize or portion of prize with another prize or portion of prize of equal or greater value. Any portion of the prize not accepted by any Winner(s) shall be forfeited.
6.4 LAPPG reserves the right to verify the eligibility of your Derivative Film. LAPPG may request that the Winner(s) contact LAPPG to confirm that they are a winning entrant and/or to provide proof of identity and age. In the event of a dispute as to the identity of a Derivative Film, such Derivative Film will be deemed to have been submitted by the authorized holder of the email account from which the Derivative Film was submitted. You may be requested to provide LAPPG with proof that you are the authorized holder of the email account associated with the winning Derivative Film.
6.5 In all cases LAPPG (and its licensees, affiliates, and assigns) shall not be liable for email that does not reach the Winner(s) for reasons beyond the reasonable control of LAPPG (and its licensees, affiliates, and assigns). LAPPG (and its licensees, affiliates, and assigns) shall not be responsible for any costs or losses incurred directly or indirectly by the Winner(s) as a result of an incorrect email address or address or name given by the Winner(s).
6.6 Any Prize Package awarded does not, and will not, include any payment for expenses incurred in connection with the Competition including without limitation studio hire or equipment hire and costs.
6.7 The Winner(s) may be required, as a condition of being awarded the Prize, for no remuneration, to participate in promotional and publicity materials (such as publication in any form, media or technology now known or later developed) at the reasonable request of LAPPG, and it shall be a condition of being awarded the Prize, that the Winner(s) consents and agree to do so. By submitting your Derivative Film in connection with this Competition, you grant to LAPPG, and its affiliated companies, the right, except where prohibited by law, to use (i) any entry form information including without limitation your name, age, likeness and e-mail address, and (ii) any approved biographical information, without compensation, in any form, media, or technology now known or later developed. Subject to applicable laws, you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to LAPPG and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as a Winner and those entrants who are not selected as a Winner. LAPPG is under no obligation to use any such materials or your Derivative Film for any purpose.
6.8 LAPPG (and its licensees, affiliates, and assigns) accepts no responsibility for Derivative Film lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Derivative Film. Late, damaged, defaced, illegible, incomplete or suspected fraudulent Derivative Films will not be accepted. Proof of dispatch of the Derivative Film (whether electronic or postal) will not be accepted as proof of receipt by LAPPG. LAPPG is not responsible or liable for Derivative Films that are uploaded by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Derivative Films that are illegible, late, forged, destroyed, lost, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, mutilated, destroyed, or otherwise not in compliance with these Rules, whether caused by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of Derivative Films in the Competition, or for failure to receive Derivative Films due to transmission failures or technical failures of any kind and such Derivative Films will be disqualified.
7. General Terms
7.1 LAPPG reserves the right, in its sole discretion and without refund of any submission fees, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering with, as applicable, the entry process or otherwise with the operation of the Competition (including, but not limited to, the use of automated computer programs or any non-human mechanism, entity, or device), or any Web page or Web banner ad related to the Competition; (ii) acting in violation of the Rules; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) otherwise in violation of any Applicable Law. Any person attempting to defraud LAPPG, or any of its parents, subsidiaries or affiliates, or in any way tamper with the Competition will be
ineligible to win the Prize Package and LAPPG, or any of its parents, subsidiaries or affiliates, will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Competition becomes corrupted, or is not capable of running as originally planned, or does not allow the proper processing of Derivative Films in accordance with these Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the sole opinion of LAPPG, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Competition or the granting of a prize or any component thereof, LAPPG reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Competition or any portion thereof and to conduct the judging and award the Prize Package from all eligible, salvageable Derivative Films received (if any) during the Competition Period, in accordance with the Rules.
7.4 In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the Competition, the decision of LAPPG shall be final.
7.5 LAPPG is not responsible for network, telephone line, or communication failures of any kind or for entries that are incomplete, corrupted, incomprehensible, or not received before the closing date and time. Such Derivative Film entries will be void.
7.6 To the fullest extent permissible by applicable law, you hereby agree to release and hold harmless LAPPG, its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies and its respective employees, officers, directors, agents, representatives, shareholders and prize’ partners and third parties (collectively, the “Releasees”) from any claims, actions, injury, loss or damages of any kind, including but not limited to, any damage to the entrant’s or any other person’s computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Competition, resulting from participating in this Competition or from the acceptance, possession, or use or misuse of any Prize Package awarded or participation in any Prize Package related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Subject to applicable laws, eligible participants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Competition or the Prize Package awarded. Without limiting the generality of the foregoing, Releasees do not make any express or implied warranties or representations with respect to any promotional web site and Releasees shall not be liable for the consequences of any interruptions or errors related thereto. These terms give you specific legal rights. The provisions regarding implied warranties are void in some jurisdictions where implied warranties are prescribed by law. For avoidance of doubt, subject to applicable laws, you agree to release any and all Releasees from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the Competition.
7.7 You hereby expressly waive Section 1542 of the California Civil Code, as well as any other statute, law or rule of similar effect, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7.8 To the extent allowable by law, LAPPG shall not be responsible for any payment of any taxes or other costs associated with the receipt of the Prize Package.
7.9 Should one or more provision of these Terms and Conditions and Rules be unlawful, void,
or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions and the remainder of the Terms and Conditions and Rules will thus remain in full force and effect.
7.10 Ineligible Entries – Strategic Partner hereby understands and agrees that its officers, directors, and employees, as well as the immediate families of those persons and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter the Contest. Any such attempted entry shall be invalid.
8.1 The Winner(s) agrees to keep confidential any knowledge about LAPPG and its business and personnel received by them as a result of the Prize Package. The Winner(s) will, at the request of LAPPG, execute any additional documentation reasonably required by LAPPG to further assure this confidentiality obligation.
9. Dispute Resolution
9.1 The Rules and this Competition are governed by the laws of the State of California. Except where prohibited, California law, applicable to contracts entered into and to be performed entirely within California, shall govern all disputes arising out of or related to these Rules or the interpretation, performance or enforcement of these Rules. In the event of any dispute between the parties relating in any way to these Rules, the parties agree to in good faith consider resolving the dispute by engage in mediation using a mutually selected mediator. In the alternative, the parties shall submit the dispute to binding arbitration, conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association in Los Angeles County, California, provided that the federal rules of discovery and evidence shall be applicable to any such proceedings. An award from any binding arbitration shall be enforceable in all courts of competent jurisdiction. All questions concerning the validity, operation, interpretation and construction of this engagement will be governed by and determined in accordance with the laws of the State of California and the prevailing party in such proceeding shall be awarded reasonable outside attorneys’ fees, reasonable expert witness fees, and out-of-pocket and verifiable costs incurred in connection therewith, in addition to any other relief awarded. The parties agree that to the extent permitted by law, the resolution provisions provided in this paragraph are the sole and exclusive remedy of the parties and they waive and forego any right to pursue action in any court or other legal forum to resolve such claims. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE RULES WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
LAPPG may freely assign, in whole or in part, any of its rights or obligations under this Agreement to any third party, and any rights and obligations so assigned may also be assigned by the assignee. You must not assign, any of your rights or obligations under this Agreement without the prior written consent of LAPPG. Any assignment attempted in violation of this clause shall be void.
11. Relationship. The parties acknowledge and agree that nothing in this agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
12. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter contained herein.


The Club’s Board of Directors represents the entire membership.
In order that everyone can enjoy the facilities, the Club has specific rules and regulations controlling the use of the courts. Any person who violates the rules of conduct, does not pay dues or charges, or whose conduct is injurious to the reputation of the club or club members may be suspended for any period or expelled from the membership or from use of the courts.
In case any member of the immediate family of a Club member who is entitled to family privileges shall be deemed guilty of violating any rule of conduct, the offender’s privileges may be temporarily or permanently withdrawn.
Rules, Policies and Procedures
1) Members will be charged annual dues of $100. Members will be billed for the annual membership dues in May, and dues are payable by check within 30 days. Dues not paid within 30 days shall become delinquent and an additional $25 late fee will be applied.
2) All members have the duty and obligation to maintain proper and prompt payment of their yearly dues and charges. BVTC Board of Directors may, after written notice, suspend or expel any member whose dues and/or charges are more than two months delinquent. Members who have been expelled for the non-payment of dues and/or charges shall not be entitled to a refund of their initiation fees.
3) Should a member wish to terminate their membership, or upon death of a member, they may transfer it to another party. Terminating Member must notify the board in writing to whom they want to transfer the membership and the recipient of the transferred membership needs to fill out the new membership and release of liability form. The recipient of the membership does not have to pay the $200 initiation fee. However, the recipient of the membership will assume responsibility for the payment of annual dues.
4) All members with guests are asked to acknowledge their guest’s attendance by signing in at the Bear Valley Adventure Company. At that time guests should fill out the BVTC Hold Harmless Agreement.
5) Non-Members may rent tennis or pickle ball courts for $20/day per court at the Bear Valley Adventure company (Gas Station). They should also fill out the BVTC Hold Harmless Agreement at that time.
6) No food or snacks are allowed on the courts. All drinks must be in unbreakable containers. No smoking is allowed.
7) Cars are to be parked only in designated parking areas.
8) Pets are not permitted on the courts.
9) The club will not be responsible for lost or stolen items.
10) Children under the age of 12 must be accompanied by an adult.
11) Toys, skates, skateboards, bicycles and all other non-tennis equipment are not allowed on the courts.
12) Only Tennis and Pickle Ball players are permitted inside the fenced court areas. Accompanying people should remain outside the fenced areas.
13) Profane or abusive language or disorderly conduct will not be tolerated. All normal rules of etiquette must be observed so the Club facilities can be enjoyed by all.
14) Lost keys will be charged $25.00 replacement fee.
1) Courts will be open seven days a week, weather permitting, from Sunrise to Sunset.
2) Only appropriate tennis and Pickle Ball shoes with smooth soles will be allowed on the courts. Running, soccer shoes, or other types of shoes that may mark or damage the courts are not allowed.
3) Courts are available on a first-come, first-serve basis. Non-members must sign up at the Bear Valley Adventure Company, pay usage fees and a key deposit, and get a key for the courts.
4) Tournaments approved by the BVTC board will be held at designated times throughout the season. Every effort will be made to accommodate members play in conjunction with a tournament, but courts will be available on a limited basis. Any tennis programs that involve court time must be approved by the BVTC Board.
5) Only four persons may play on a court at any one time. Exceptions allowed are group lessons involving more than four people.
6) No set of rules can cover all circumstances; when there is competition for court access during peak times, courtesy, good will and consideration of fellow members should be exercised.


Code of Conduct
This Code of Conduct defines the principles we adhere to in all interactions with our employees, clients, suppliers, society and the environment as we engage in daily global commerce. Our business model strives to integrate sustainable social, ecological and economic responsibility, exceeding statutory and legal requirements, in all of our endeavors.
It is our objective to create and preserve a corporate culture which supports adherence to the rules and ethical principles stated below in the best possible way.
OMNILAB-LABORZENTRUM GmbH & Co. KG hereby commits to the following principles:
Respect for Human Rights and Legal Compliance
- We support and respect the protection of the UN Human Rights Charter and ensure that our entrepreneurial activity does not make us complicit in human rights abuses.
- We comply with all laws of the applicable jurisdictions in which we conduct business, especially with regard to fair trade, data protection, intellectual property rights, money laundering, and insider trading laws.
Prohibition of Corruption and Bribery
We do not tolerate and will not engage in any form of corruption or bribery, including any unlawful payments or any other benefit conferred to any government official or policy-maker for the purpose of influencing decision making.
Prohibition of Child Labor
We do not employ anyone below the applicable minimum legal working age.
Respect for the Basic Human Rights of Employees
- We promote equal opportunities and treatment of our employees irrespective of race, gender, ethnic heritage, political or religious conviction, disabilities, age or sexual orientation.
- We respect the personal dignity, privacy and rights of each individual.
- We refuse to make anyone work against their will.
- We do not tolerate any unacceptable treatment of employees, including discrimination, coercive, abusive or exploitative behavior, or sexual harassment.
- We provide fair remuneration of our employees and we guarantee the applicable statutory minimum wage.
- We comply with all applicable laws and regulations regarding working hours.
- We recognize employees’ rights of free association and neither favor nor discriminate against members of employee organizations or trade unions.
Health and Safety of Employees
- We take responsibility for the health and safety in the work environment of our employees.
- We utilize the best reasonably applicable standards for precautionary measures to control hazards, prevent accidents and occupational diseases.
- We maintain an adequate occupational health & safety management system which includes regular safety training.
Suppliers and Business Partners
- We promote adherence of our suppliers and business partners to the principles and ethical standards of this Code of Conduct.
- We adhere to the same non-discrimination principles stated above in our relationship with our suppliers and business partners.
- We maintain and develop an adequate environmental management system.
- We make all reasonable technical and economic efforts to reduce pollution beyond applicable statutory and international standards.
- We continuously revise the effectiveness of our environmental protection measures.
Our export control management system strictly complies with all of the European Union’s and the Federal Republic of Germany’s rules and regulations and individual arrangements with suppliers regarding export restrictions. We do not tolerate or engage in any form of circumvention of these regulations and will not conduct business with anyone we believe may be trying to circumvent such regulations.
This Code of Conduct is subject to revision in order to comply with applicable laws and regulations or should there be changes to the requirements of the compliance principles.
Bremen, December 2015
OMNILAB-LABORZENTRUM GmbH & Co. KG


Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – effective as of June 27, 2023. The Federal Trade Commission and the States have authority to enforce the new statute and online marketplaces that run afoul of the law could be subject to steep financial penalties. Is your business covered by the INFORM Consumers Act? If so, you’ll want to keep reading.
What does the INFORM Consumers Act require? Under the new law, “online marketplaces” (a phrase the statute defines) where “high-volume third party sellers” (another defined term) offer new or unused consumer products must collect, verify, and disclose certain information about those sellers. Violations could result in civil penalties of $50,120 per violation for online marketplaces.
What’s the purpose of the law? When consumers buy products from online marketplaces, the identity of the seller is often unclear. The goal of the INFORM Consumers Act is to add more transparency to online transactions and to deter criminals from acquiring stolen, counterfeit, or unsafe items and selling them through those marketplaces. The Act also makes sure online marketplace users have a way to report suspicious conduct concerning high-volume third party sellers.
How does the law define an “online marketplace”? You’ll want to check the specific wording of the statute, but in general, an “online marketplace” is a person or business that operates a consumer-directed platform that allows third party sellers to engage in the “sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States.” The law takes the meaning of “consumer product” from the Magnuson-Moss Act, which defines the term as “tangible personal property for sale and that is normally used for personal, family, or household purposes.” The online marketplace also must have a contractual or similar relationship with consumers governing their use of the platform to buy products. Many of the companies that meet the definition of “online marketplace” are national names, but smaller niche platforms with “high-volume third party sellers” are covered, too.
How does the law define ‘‘high-volume third party seller’’? Again, you’ll want to check the specific wording of the statute, but in general, a ‘‘high-volume third party seller’’ is a seller in an online marketplace that, in any continuous 12-month period during the past 24 months, has had on that platform 200 or more separate sales or transactions of new or unused consumer products, and $5,000 or more in gross revenues. In calculating the number of sales or amount of gross revenues for the “high-volume” threshold on a given online marketplace, the only sales that count are ones made though that online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor. The law specifically exempts businesses that have made their name, business address, and contact information available to the general public; that have a contractual relationship with the marketplace to manufacture, distribute, wholesale, or fulfill shipments of consumer products; and that provide the marketplace with identifying information that the marketplace has verified. The law also exempts from the definition of ‘‘high-volume third party seller’’ the online marketplace itself.
If a business meets the definition of an “online marketplace,” what does the INFORM Consumers Act require it to do? Here are the general legal requirements for online marketplaces, with more specific compliance responsibilities addressed in other Q&As:
Collection. Online marketplaces must collect bank account information, contact information, and a Tax ID number from high-volume third party sellers.
Verification. Online marketplaces must verify the information they get from high-volume third party sellers. They also must require sellers to keep their information current and to certify it as accurate at least once a year.
Disclosure. For high-volume third party sellers that meet a certain level of sales on a platform, online marketplaces must disclose in the sellers’ product listings or order confirmations specific information about the seller.
Suspension of non-compliant sellers. Online marketplaces must suspend high-volume third party sellers that don’t provide information the law requires.
Reporting mechanism. Online marketplaces must provide on high-volume third party sellers’ product listings a clear way for consumers to report suspicious conduct.
What kinds of information must an online marketplace collect? Timing is important here. Once a person or business meets the definition of a “high-volume third party seller,” the online marketplace has 10 days to collect the following information from them:
- Bank account information. The online marketplace must collect the seller’s bank account number, or, if the seller doesn’t have a bank account, the name of the payee for payments the online marketplace issues to the seller. The seller may provide that information either directly to the online marketplace or to a payment processor or other third party designated by the online marketplace.
- Tax ID information. The online marketplace must collect a high-volume third party seller’s business tax identification number – or if the seller doesn’t have one, a taxpayer identification number.
- Contact information. If a high-volume third party seller is an individual, the online marketplace must get the person’s name and a working email address and phone number. For legal entities, corporations, partnerships, etc., that are high-volume third party sellers, the online marketplace must collect a working email address and phone number and one of the following forms of ID: a copy of a valid government-issued identification for an individual acting on behalf of the seller or a copy of a valid government-issued record or tax document that includes the business name and physical address of the seller.
What must an online marketplace do to verify the information it collects? Once a high-volume third party seller provides its banking account, contact, and tax ID information, online marketplaces have 10 days to verify the information. Although the law doesn’t list specific verification steps, the methods the online marketplace chooses must enable it “to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not misappropriated, and not falsified.” The law also includes a “presumption of verification” that any information contained in a valid government-issued tax document can be presumed verified as of the date of the document. In addition, online marketplaces must keep information from high-volume third party sellers current. At least once a year, the marketplace must require the seller to electronically certify that its information hasn’t changed or that it has provided the marketplace with updated information.
What kinds of disclosures must an online marketplace make? If a high-volume third party seller has annual gross revenues of $20,000 or more on a particular online marketplace, the marketplace must clearly disclose the following information on each of the seller’s product listing pages, or in order confirmation messages and account transaction histories on that platform:
- the seller’s full name, which may include the business name or the name the seller uses on the online marketplace;
- the seller’s physical address; and
- contact information that will allow consumers to have what the law calls “direct, unhindered communication” with the seller, including a working phone number, a working email address, or other means of direct electronic messaging that may be provided by the marketplace – as long as that other means doesn’t prevent the online marketplace from monitoring communications with consumers for fraud, abuse, or spam.
If the listing includes a physical address for product returns, that’s sufficient under this part of the law. Furthermore, if the seller used a different business to supply the product a consumer bought, the online marketplace must, at the consumer’s request, provide the name, address, and contact information for that business.
The law includes a limited exception for high-volume third party sellers that operate only out of their homes. In that case, the online marketplace must disclose the country and, if applicable, the state where the seller lives and provide consumers with a phone number, email address, or other means of electronic messaging where consumers can contact the seller. If the seller’s only phone number is a personal phone, the online marketplace must provide an email address or other form of electronic messaging where consumers can contact the seller. Online marketplaces may have to suspend high volume third-party sellers if they make false statements in an effort to qualify for that limited exception or if the sellers don’t respond to consumers within what the law calls a “reasonable time frame.”
How must online marketplaces respond to sellers’ non-compliance? As a preliminary matter, on the product listing page of any high-volume third party seller, the online marketplace must clearly and conspicuously include both a phone number and an electronic way for consumers to contact the marketplace to report suspicious activity. Furthermore, if a high-volume third party seller doesn’t provide to the online marketplace the information the marketplace needs to comply with the law, the marketplace must give the seller written or electronic notice of non-compliance. If the seller doesn’t provide the information within 10 days, the marketplace must “suspend any future sales activity” of the seller until the seller complies with the requirements of the law.
Does the INFORM Consumer Act require online marketplaces to implement privacy and security safeguards? Yes. To protect the information they’re required to collect from unauthorized use, disclosure, access, destruction, or modification, the law requires that online marketplaces “implement and maintain reasonable security procedures and practices.” That includes putting administrative, physical, and technical safeguards in place that are appropriate to the nature of the data and the purposes for which the data is used. What’s more, data collected solely to comply with the INFORM Consumers Act “may not be used for any other purpose unless required by law.”
What are the consequences for violating the INFORM Consumers Act? A violation of the law is treated as a violation of an FTC rule. So online marketplaces that don’t comply may face FTC law enforcement that could result in civil penalties of $50,120 per violation. The statute also gives enforcement authority to State Attorneys General and other officials authorized by the State. They may file an action in federal court to enjoin further law violation, seek civil penalties and other remedies permitted under state law, and obtain damages, restitution, or other compensation for residents of that state.
What should I do if I suspect a violation of the INFORM Consumer Act? Report it to the FTC. Follow this dedicated link designed especially for the reporting of possible INFORM Consumer Act violations.
Where can I find out more? Read the INFORM Consumers Act for compliance and enforcement specifics. For more information about the Federal Trade Commission Act and other statutes and rules enforced by the FTC, visit business.ftc.gov.
ABOUT THE FTC
The FTC works to prevent fraudulent, deceptive, and unfair practices that target businesses and consumers. Report scams and bad business practices at ReportFraud.ftc.gov. We also provide guidance at business.ftc.gov to help companies comply with the law. Looking for a quick take on recent cases and other initiatives? Subscribe to the FTC’s Business Blog.
YOUR OPPORTUNITY TO COMMENT
The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or visit www.sba.gov/ombudsman.


Insurance companies will tell you that they offer several in-network shops that you should take your car to. They will use all kinds of “reasons” for you to take your vehicle to their shops. Sometimes, an insurance company will tell you directly that you have to take your vehicle to one of their network shops. The fact is, the insurance company CAN NOT tell you where you have to take your vehicle for repairs. In the state of Missouri, you - the owner - have the right to choose who performs the work on your vehicle.
They may tell you that they can not guarantee repairs done at any shops outside their ’preferred’ network. With us, you don’t need your insurance company to guarantee the repairs. At Fenton Auto Body, we guarantee any and all labor performed on your vehicle. Also, our paint supplier gives a lifetime guarantee on any materials used to refinish your car. Many of our parts vendors offer lifetime guarantees on the parts we use on your vehicle, as well.
Some insurance companies will tell you that unless you take your vehicle to one of their ‘preferred’ shops, that they may not be able to get to appraising the damages to your vehicle for a week or more. Most insurance companies are required to inspect your vehicle within 72 hours of a claim being filed.
You will see other shops claim they “work directly with your insurance company.” We can work with any insurance company. The only difference is we are not contractually obligated to give any kinds of discounts on parts or labor to the insurance companies. When shops are contractually required to offer these discounts to the insurance companies, who do you think ultimately pays?
For more information on your rights when dealing with an insurance claim, please visit the missouri department of insurance - http://insurance.mo.gov/


As a condition of membership in the Barrington Bicycle Club, I agree that:
- I will act as an ambassador of the Barrington Bicycle Club and the sport of bicycling
- I will respect traffic laws and operate my bicycle in a safe manner, including the Club’s safe riding rules
- I will respect other users of the road
- I will speak up for the rights of bicyclists to equal use of the roads and equal protection under the law
- I will support efforts to improve bicycle facilities and access for all bicyclists
I understand that bicycling is an inherently dangerous activity that can result in serious injury or death. I also recognize that Barrington Bicycle Club activities may take place on public roads open to motor vehicle traffic and containing other hazards to bicyclists. Mindful of these risks, and in consideration of the privileges of Barrington Bicycle Club membership and the receipt of releases and waivers of other members, I release and waive any and all claims against the Barrington Bicycle Club, its officers, and its members for all damages incurred at or associated with any Barrington Bicycle Club activity for myself, my heirs, and my executors and assigns.
Sending this form constitutes agreement with the above terms.


AOH :: 9702_POL.TXT|
A related document to MAI
No.2-1997 Other Issues
MAI home page
The Multilateral Agreement on Investment
This Policy Brief deals with the Multilateral Agreement on Investment
(MAI) which is currently being negotiated in the OECD. The MAI is to
be a free-standing international treaty open to all OECD Members and
the European Community, and to non-members willing and able to meet
By providing a comprehensive and stable framework for international
investment, the MAI will give new impetus to growth, employment and
higher living standards. It will also provide an effective means for
settling investment disputes between states and between investors and
This Policy Brief describes the main features of the MAI, explains the
background to the negotiations and addresses the concerns that have
* Why is foreign direct investment so important?
* Why do we need a multilateral agreement on investment?
* Why is the MAI being developed at the OECD?
* Scope of the MAI
* How are investments and investors protected by the Multilateral
Agreement on Investment?
* National treatment
* Exceptions, Safeguards and Reservations
* Most favoured nation treatment
* What happens to environmental standards?
* What are the implications for national sovereignty?
* How will the Mai contribute to responsible behaviour by
* And labour standards?
* Will the MAI be compatible with the World Trade Organisation
* Why are non-OECD countries interested in the MAI?
* How much is publicly available about the MAI negotiations?
* For further reading
* Where to contact us?
Why is foreign direct investment so important?
Foreign Direct Investment (FDI), together with international trade in
goods and services, promotes economic growth, jobs and rising living
standards world-wide. From 1973-96, FDI flows multiplied fourteen
times from $ 25 billion to $ 350 billion per annum, outstripping
growth in international trade.
Governments welcome FDI as a source of capital and innovation and as a
means to promote competition and economic efficiency. Businesses of
all sizes expand across national boundaries in search of new markets
and creative partnerships. Consumers benefit from increased quality,
wider choice and lower prices on the goods and services they buy.
A recent Government of Canada study shows that for every C$1billion of
foreign investment in that country, 45 000 new jobs are created
overfive years. According to the New Zealand Government, foreign
investors in New Zealand reinvest 90% of their profits, employ New
Zealanders in over 99% of the positions they create and pay New
Zealanders on average 28% more than domestic firms.
A World Trade Organisation's study reports that "low levels of trade
and inflows of Foreign Direct Investment (FDI) are symptoms rather
than causes of the plight of many of the poorest countries. Without an
increased inflow of FDI in these countries and increased trade, it is
difficult to imagine how a major improvement in their economic
prospects can be achieved. FDI brings with it resources that are in
critically short supply in poor countries, including capital,
technology and such intangible resources as organisational, managerial
and marketing skills".
Why do we need a multilateral agreement on investment?
The importance of the existing multi-lateral agreements on trade in
goods (GATT) and trade in services (GATS) is widely recognized. The
time has come for similar rules on investment in the form of a
multilateral agreement on investment.
While markets are, of course, the main reason for investment
decisions, the investment climate is also a major factor
indecision-making. Investors need long-term stability of rules and
procedures. They need open markets and equal competitive opportunities
with domestic investors. They also need protection of existing
investments and an international mechanism for settling disputes with
Governments recognize that a liberal investment regime is critical to
attracting foreign investment. They also appreciate that restrictions
and discriminatory measures distort investment flows with detrimental
effects on economic development and efficiency, and create a potential
source of international friction.
To date, international cooperation has relied mainly on a growing
network of some 1630 bilateral investment treaties, regional
agreements such as NAFTA and the investment co-operation instruments
However, the bilateral approach is less than ideal in a rapidly
integrating world economy and bilateral investment agreements do not
exist between many of the OECD countries. The scope of the
Multilateral Agreement on Investment (MAI) will be larger than that of
bilateral treaties. For example, most BITs are limited to the
protection of investments after they are made. The MAI will also cover
the pre-establishment phase, that is the making of the investment.
Regional agreements are necessarily partial in their
geographiccoverage. The OECD instruments - the Codes of Liberalisation
and the Declaration and Decisions on International Investment and
Multinational Enterprises - offer a systematic multilateral approach
to investment, but these instruments are not all binding or
comprehensive and they lack effective dispute settlement procedures.
Globalisation is increasing every day. It calls for enhanced
international co-operation for the world economy to be better
organised and the efficiency and equity of the markets to be
protected. The usefulness of the GATT is now generally recognised. The
time has come for a multilateral agreement on investment.
Why is the MAI being developed at the OECD?
OECD Members have a major stake in investment rules, accounting for 85
per cent of FDI outflows and 60 per cent of inflows.
OECD Members share a common view of the benefits of free investment
flows and the need for more comprehensive and effective investment
Experience with the existing OECD investment instruments the Codes of
Liberalisation and Declaration and Decisions on International
Investment and Multinational Enterprises provided a solid starting
point for negotiation of the MAI.
The broad range of OECD activities, including labour and the
environment, offered important additional sources of support for the
Development of the MAI by the OECD complements the work of other major
rule-making bodies for international trade and finance: the World
Trade Organisation and the International Monetary Fund.
Scope of the MAI
The MAI will be a comprehensive investment agreement, aiming to cover
all economic sectors.
"Investment" in the MAI will be defined broadly to include direct
investments, portfolio investments, real estate investments and rights
The MAI will provide legal guarantees for both the investment itself
and the making of an investment while most bilateral treaties are
limited to the protection of investments after they are made.
The MAI aims to cover "measures" taken at all levels of government:
central, federal, state, provincial and local. "Measures" will include
laws, regulations and administrative practices.
How are investments and investors protected by the Multilateral Agreement on
The core concept of the MAI is non-discrimination:
* The MAI Parties will commit themselves to treat foreign investors
and their investments no less favourably than they treat their own
investors ("National Treatment").
* They will also agree not to discriminate among the investors or
investments of different MAI Parties ("Most-Favoured-Nation
Other important provisions include:
* Transparency: Laws, regulations and procedures of general
application must be made publicly available.
* Transfer of Funds: Investment-related payments, including capital,
profits and dividends, must be freely permitted to and from the
* Entry and Stay of Key Personnel: Investors and key personnel, such
as senior managers or specialised technicians, should be granted
permission to enter and stay temporarily to work in support of MAI
* Performance Requirements: Certain requirements imposed on
investors, such as a minimum export target for goods or services,
would be prohibited.
* Expropriation: May only be undertaken for a public purpose and
subject to prompt, adequate and effective compensation.
* Dispute Resolution: While the agreement has provisions for
resolving disputes through consultations, the agreement will
provide for binding arbitration of disputes, between host and home
states or between the investor and the host state.
In accepting this principle, countries agree to treat to foreign
investors no less favourably than they treat their own investors. This
also means that they have no obligation to grant foreign investors
more favourable treatment.
These two principles apply both to investors and to the establishment,
acquisition, expansion, oper ation, management, maintenance, use,
enjoyment and sale and other disposition of investments.
Exceptions, Safeguards and Reservations
MAI disciplines will not apply in situations addressed by "general
exceptions" or "temporary safeguards" or where individual countries
have taken specific exceptions or reservations.
Under general exception provisions, any country will be able to take
measures necessary to protect its national security or to ensure the
integrity and stability of its financial system.
Under temporary safeguard provisions, any country will be able to take
measures necessary to respond to a balance of payments crisis.
By virtue of country-specific exceptions or reservations, negotiated
among the Parties to the MAI, each country will be able to maintain
laws and regulations that do not conform to MAI disciplines.
Other outstanding issues which need to be addressed include exceptions
for culture and regional economic integration organisations.
Most favoured nation treatment
According to this principle, once a country has accorded a given
treatment to a foreign investor or a foreign investment, it cannot
grant less favourable treatment to any other investor or investment. l
What happens to environmental standards?
MAI negotiators have recognised the importance of environmental
concerns and will ensure that governments keep their freedom to
implement policies to protect the environment, provided those policies
are not more stringent for foreign investors than for domestic ones.
A range of specific proposals is being considered. For example, the
MAI preamble will likely recognize the importance of sustainable
development. MAI negotiators are examining provisions modeled on the
North American Free Trade Agreement (NAFTA) to make explicit the right
of governments to maintain environmental requirements consistent with
national treatment and most-favoured nation treatment, and to provide
that MAI parties should not lower their environmental standards to
attract foreign investment.
Most negotiators support association of the OECD Guidelines for
Multinational Enterprises, with its chapter on environmental matters,
with the MAI. Other environmental proposals may be considered.
What are the implications for national sovereignty?
The MAI will bind countries to a set of rules governing the treatment
of foreign investors and investments. As with all binding
international agreements, this will moderate the exercise of national
authority to a degree. But in return for the commitment to meet the
rules of the agreement, including the undertaking not to discriminate
against foreign investors, parties to the MAI will enjoy the benefits
of a better investment environment. This will act as an attraction for
new investment from abroad and provide protection for their own
investors doing business in other MAI countries.
Governments will remain free to regulate in most fields provided the
non-discrimination rule is respected, and MAI rules can be set aside
for reasons of overriding public policy such as national security. In
addition, non-conforming measures can be maintained if specific
reservations or exceptions are lodged.
How will the Mai contribute to responsible behaviour by foreign investors?
The purpose of the MAI is to provide a framework for international
investment. It will not immunise foreign investors from domestic laws
governing corporate and individual behaviour.
The MAI will not remove the authority of domestic courts, tribunals
and regulatory authorities over foreign investors and their
enterprises. Nor will it deny access of private citizens to these
Furthermore, the association of the OECD Guidelines for Multinational
Enterprises will remind parties to the MAI and foreign investors of
appropriate standards of behaviour in the conduct of business in a
foreign country. Although voluntary, the OECD Guidelines with their
follow-up mechanisms, have proven effective.
And labour standards?
Governments will be free to implement their own policies concerning
labour standards, as long as these standards are not more stringent
for foreign than domestic investors.
MAI negotiators are discussing a provision that would specifically
call on MAI countries not to lower labour standards in order to
attract foreign investment. They are also considering recognition of
the importance of core labour standards in the preamble.
The OECD Guidelines for Multinational Enterprises has an extensive
chapter on employment and industrial relations.
Will the MAI be compatible with the World Trade Organisation agreements?
Yes. The MAI will be drafted to avoid conflicts with WTO agreements.
The objective is not to impose the MAI blueprint of investment rules
on the WTO. It will be for the WTO membership as a whole to decide
what sort of disciplines it will develop in the investment area. The
WTO Secretariat participates in the MAI negotiations as an observer.
Why are non-OECD countries interested in the MAI?
Non-OECD countries have already declared their interest in the MAI.
Five non-OECD countries - Argentina, Brazil, Chile, Hong Kong (China),
and the Slovak Republic - have joined the negotiations as "observers".
OECD outreach activities, including conferences in Brazil and Korea
and briefings by the OECD and its Members, have received a positive
response. OECD Members hope that non-OECD countries will join the MAI
as founding members, or soon after the agreement is put in place.
Non-OECD countries will wish to adhere to the Agreement for the same
reasons as OECD countries, namely:
* greater attractiveness for potential investors by providing a
sound environment and a positive policy signal;
* better market access opportunities and legal protection for their
* access to the dispute settlement procedures; and
* full partnership in implementing the agreement, through membership
in the "Parties Group", and in any future negotiations.
The MAI will be a free-standing treaty, open to accession by non-OECD
economies with the same rights and obligations as OECD Members. Each
country will be able to negotiate its terms of accession, including
its own schedule of reservations.
How much is publicly available about the MAI negotiations?
The progress of the negotiations can be easily followed through the
MAI page of OECD Internet site:
This page provides information on the history of the negotiations, the
status of current negotiations and the issues under discussion.
Information is also available in printed form: free documents,
information letters and articles in The OECD Observer. Some of the
more important OECD studies and reports are listed below. Please
contact us by Internet or directly at one of our centres in the world.
FOR FURTHER READING:
Activities of Foreign Affiliates in OECD Countries 1985/1994
ISBN 92-64-05522-3 US$69 pp. 520.
Also available on Diskette : 92-64-05078-7 US$207
Free on Internet:
Foreign Direct Investment, Trade and Employment
ISBN 92-64-14406-4 US$52 pp. 152
International Direct Investment,
Policies and Trends in the 1980s
ISBN 92-64-13799-8 US$44 pp. 146
Introduction to OECD Codes of Liberalisation
ISBN 92-64-14386-6 US$29 pp. 106
Investment Policies in Latin America and Multilateral Rules on
ISBN 92-64-15446-9 US$27 pp. 192
The OECD Guidelines for Multinational Enterprises and The OECD
Declaration and Decisions on International Investment and
Free on Internet:
The OECD Observer Nos. 202 and 206
and Special Issue on International Trade and Investment,
Free on Internet:
OECD Recommandation on Combating Bribery in International Business
Free on Internet:
Reconciling Trade, Environment and Development Policies
ISBN 92-64-15362-4 US$20 pp. 150
OECD Policy Approaches for the 21st Century
ISBN 92-64-15487-6 US$20 pp. 190
Towards Multilateral Investment Rules
ISBN 92-64-14784-5 US$31 pp. 166
Trade and Investment, Transplants
ISBN 92-64-14156-1 US$44 pp. 152
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Palmetto Heroes 2014
Borrowers must be employed in SC and meet SC Housing’s First-Time Homebuyer requirements and underwriting guidelines. A first time home buyer can be someone who has not owned property in the last 3 years or in some counties can be someone who does not own a home at the time of closing. For ex. You own a home you sell it and your closing is at 11 am, you can be a" first time home buyer" (in some counites) if your closing is at 3pm
Law Enforcement Officers – Borrower must be employed full-time as a state or local law enforcement officer (as defined by the SC Law Enforcement Training Act) and must be certified by the Law Enforcement Training Council as of the date of the loan application.
Fire Fighters, EMTs and Paramedics – Borrower must be employed full-time as a fire fighter, emergency medical technician (EMT) or paramedic (or be a volunteer firefighter) with a state or local government agency. EMTs and paramedics may be employed by a company contracted by a state or local government agency to provide emergency medical services.
Teachers – Borrower must be employed as a full-time classroom teacher (or have a contract to begin teaching) and must have a South Carolina Teacher Certification. Teachers with new contracts must be scheduled to receive their first paycheck within 60 days of loan closing.
Nurses – Borrower must be a registered nurse (RN), licensed practical nurse (LPN), or advanced practice registered nurse (APRN) and be licensed with the SC Board of Nursing. Borrower must be employed full-time in a hospital, doctor’s office, school or other medical facility. Certified Nurse Aides (CNA) – Borrower must have a Nurse Aide Certification and be listed on the SC Nurse Aide Registry. Borrower must be employed full-time in a hospital, doctor’s office, school or other medical facility. Search the SC Nurse Aide Registry at: https://www.asisvcs.com/indhome_fs.asp?cpcat=0741nurse
Veterans – Borrower must have served on active duty in the U.S. Armed Forces (other than active duty for training) and received a discharge other than dishonorable within the past 25 years. NOTE: Eligible veterans must not have an ownership interest in a principal residence at the time of loan
Will have the opportunity to purchase a home with a:
• 4% interest rate
• $7000 down payment assistance and
• South Carolina Mortgage Credit Certificate (MCC)
For more information email me at: email@example.com or call 843-737-2865
To view homes to purchase: http://www.buyandsellwithlaura.com/search/
Those citizens who do not qualify for the Palmetto Heroes program may still qualify for one of the other lending programs offered by SC Housing. If you are a first-time homebuyer and interested in learning more about SC Housing’s other lending programs, please feel free to contact me either by phone, email or text


Family, Property and Private Client
Morgan Cole's family, property and private client practice provides legal services to individuals rather than organisations. This enables us to provide a complete service to our clients, whether their legal needs are personal or professional.
Our team is sensitive to the sometimes difficult nature of personal plans and circumstances which can require legal involvement, and provide a confidential and professional service tailored to your individual needs.
From the outset of any matter work for you, we will explain what the legal processes are and keep you informed each step of the way. All of our lawyers have direct lines and emails so you are able to contact them as required.


Personal Umbrella Liability Policy
You don’t have to be a millionaire to be sued like one!
You’ve insured your car and your home, but what if?
What if you fall asleep at the wheel when driving home and cause an accident that seriously injures several people?
What if you have been meaning to fix the deck in your backyard, but a guest walks over it and falls through?
In these cases, the injured parties may sue you for amounts above one million dollars. Your auto insurance will prove liability coverage up to the amount of your policy limit. Likewise, your homeowner’s policy will cover up to the policy limit. However, the damages may being in excess of your policy limits. In these cases, a Personal Umbrella Liability (PUL) policy can help you survive a lawsuit without losing everything you own.
Personal umbrella insurance acts as protection once your other policies have been exhausted. In cases where personal umbrella insurance is not purchased, causing an accident can result in your surrender of all your material goods in order to assess their value. Most often the property assessed is your home, cars and boating goods. Other property like jewelry and assets may also be part of the pot a person in a lawsuit can claim. Additionally, a portion of your salary may need to go to any successful claimants for many years, if not for the rest of your life.
Even if a lawsuit does not result in a huge reward, court costs are frequently high and exceed amounts an auto or home insurance will allow. Personal umbrella insurance will also step in to allow for repayment of court costs without your needing to sell assets to meet these costs.
Contact us today for a Personal Umbrella Liability quote. We think you’ll be surprised at the affordability for the protection it provides!


Land-use regulations are a critical component of urban development, shaping the way cities and towns grow and evolve. For real estate developers, these laws dictate what can be built, where, and how. Yet, they are often an overlooked aspect of the property industry, dismissed as mere bureaucratic red tape. In reality, they are powerful tools that can either bolster or hamper development. Specifically, in the Greater London area, these regulations have considerable implications for real estate development.
Before delving into the effects of land-use regulations on real estate development, it’s crucial to understand what they are and why they exist. In a nutshell, land-use regulations are legal guidelines that control the development and use of land within a specified area. Local authorities typically administer these laws, setting out what kinds of buildings and activities are allowed in different parts of the town or city.
These regulations encompass various elements, including zoning laws, building codes, housing standards, and environmental protections. They are designed to ensure that development is orderly, sustainable, and harmonious, balancing the needs of residents, businesses, and the environment.
For example, zoning laws divide a city into different zones, each with its own set of permitted uses. A residential zone might prohibit commercial or industrial activities, while a commercial zone might restrict certain types of housing. Such laws enable a city to plan its growth strategically, preventing incompatible uses from clashing and ensuring that necessary services and amenities are easily accessed.
A lire en complément : What Are the Benefits of Utilizing Offsite Construction Methods in Urban Real Estate?
Land-use regulations play a significant role in housing development, influencing the type, density, and location of new homes. In the Greater London area, these rules have shaped the city’s distinctive housing landscape, characterised by its mix of historic and modern architecture, high-density flats, and suburban homes.
Regulatory constraints on housing development can significantly affect the supply of new homes. For example, strict building codes or design standards can increase the cost of construction, making it more expensive to build new housing. Similarly, limits on building heights or density can reduce the number of homes that can be built on a given plot of land.
On the other hand, certain regulations can support housing development. For instance, policies that encourage higher density or mixed-use development can create opportunities for more housing. Similarly, streamlined approval processes or incentives for affordable housing can make it easier and more profitable for developers to build new homes.
Beyond housing, land-use regulations also play a pivotal role in broader city development. They help shape the physical layout of a city, its transportation network, and the location of different types of land uses. In Greater London, these regulations have contributed to the city’s unique urban fabric, with its vibrant mix of commercial, residential, and public spaces.
Urban planning regulations can influence real estate development in various ways. For example, policies that promote mixed-use development can create demand for different types of real estate in the same area, such as offices, shops, and homes. Transportation planning can also affect real estate, as properties near transit hubs or major roads often have higher values.
However, regulations can also pose challenges for developers. For instance, requirements for public spaces or amenities can add to the cost of development. Similarly, restrictions on building design or materials can limit the flexibility of developers to respond to market trends or technological advances.
Real estate developers in the Greater London area must navigate a complex landscape of legal and regulatory challenges. These range from planning permissions and building regulations to environmental laws and historic preservation rules.
Failing to comply with these regulations can result in costly delays, fines, or even legal action. Therefore, understanding and navigating these regulatory hurdles is a critical part of real estate development. This often involves considerable time and resources, including hiring legal experts, architects, and planners, and engaging in extensive consultation and negotiation with local authorities.
At the same time, these challenges can also create opportunities for savvy developers. For example, by understanding the planning process, developers can identify opportunities for development before they are widely known, gaining a competitive edge. Similarly, by engaging proactively with local communities and authorities, developers can build support for their projects, making it easier to obtain necessary approvals.
London’s unique regulatory environment adds a layer of complexity to real estate development. In addition to standard planning and building regulations, developers must also contend with additional rules designed to preserve the city’s historic character and promote sustainable development.
For example, London has numerous Conservation Areas where development is tightly controlled to preserve the area’s special architectural or historic interest. Additionally, the city has ambitious targets for carbon-neutral development, requiring new buildings to meet strict energy efficiency and sustainability standards.
These regulations can pose significant challenges for developers, adding to the cost and complexity of development. However, they also reflect London’s unique character and values, contributing to the city’s status as a global city with a rich history and a strong commitment to sustainability. These are factors that can attract investment and development, despite the regulatory hurdles.
A key part of the land-use regulatory framework in the Greater London area is the planning system of England and Wales, which has direct implications for real estate development. The planning system embodies the principles and legislation governing land-use planning in England and Wales. For real estate developers, understanding this system is vital as it determines planning permission, land planning, and development rights.
Under the planning system, local planning authorities, typically the borough council in London, create a local plan that outlines how land in their area will be used. This plan takes into account various factors, including housing needs, environmental considerations, and economic growth objectives. It sets out where new homes, businesses, and infrastructure will be built and what form they should take.
At the heart of this process is the town and country planning system, which is designed to manage the competing demands for space and resources in towns and cities. This system also regulates building activities through planning permissions and building regulations. In essence, a planning permission is required before carrying out most forms of development, while building regulations set standards for the design and construction of buildings to ensure the health and safety of people in or around them.
The planning system also includes provisions for energy efficiency and sustainability as part of its strategy to combat climate change. In line with this, the Energy Performance of Buildings Directive requires new buildings to meet certain energy performance standards.
Land-use regulations play a pivotal role in shaping the real estate landscape in the Greater London area. They present both challenges and opportunities for developers, affecting everything from house prices to the aesthetics of buildings. At their core, these regulations aim to balance the diverse needs of residents, businesses, and the environment, ensuring the orderly and sustainable development of the city.
Navigating this complex regulatory environment requires a deep understanding of legal and regulatory frameworks, from the planning system of England and Wales to local planning and zoning plans. It also requires the ability to work within these constraints, finding creative solutions that meet regulatory standards while also delivering profitable and attractive developments.
Despite the challenges, these regulations contribute to the unique character and appeal of London. They have helped to preserve the city’s historic charm while also driving forward its commitment to sustainability and energy efficiency. As such, they are an integral part of London’s status as a leading global city, attracting investment and development from around the world.
In conclusion, while land-use regulations may add to the complexity of real estate development in Greater London, they are also a powerful tool for shaping the city’s future. By understanding and working with these regulations, developers can contribute to the ongoing evolution of this dynamic and vibrant city.


Noura Erakat, "Understanding the Question of Palestine as an Anti-Racist Struggle"
Join us for a lecture by Noura Erakat, human rights attorney and Assistant Professor of Legal Studies, International Studies, and Social Justice/Human Rights at George Mason University, September 14, 6pm, Carpenter B21.
Introductory remarks by President Kim Cassidy
In late July 2018, Israel passed a Nation-State Law declaring Israel as a state for Jewish people and making it legal obligation to ensure their global immigration and settlement. The new law does not recognize the presence or right of residence of its Palestinian native population, including its Muslim and Christian Palestinian citizens who constitute 20 percent of the nation’s population. Israel enshrined the religious and racial supremacy of its Jewish nationals as a constitutional principle making its discriminatory regime unequivocally explicit. Even after this development, the international community hesitated to declare Israel’s legal system as tantamount to Apartheid and dubbed the new law as merely “controversial.” This lecture will explore the historical legacy of understanding the Palestinian struggle as a racial question and consider how recent renewals of Black Palestinian solidarity implicate the future of this struggle.
Noura Erakat is a human rights attorney and an Assistant Professor at George Mason University. Her research interests include humanitarian law, refugee law, national security law, and critical race theory. She is a Co-Founding Editor of Jadaliyya e-zine and an Editorial Committee member of the Journal of Palestine Studies. Prior to joining GMU's faculty, she served as Legal Counsel for a Congressional Subcommittee in the House of Representatives, as a Legal Advocate for the Badil Resource Center for Palestinian Refugee and Residency Rights, and as the national grassroots organizer and legal advocate at the US Campaign to End the Israeli Occupation. Noura is the coeditor of Aborted State? The UN Initiative and New Palestinian Junctures, an anthology related to the 2011and 2012 Palestine bids for statehood at the UN. More recently, Noura released a pedagogical project on the Gaza Strip and Palestine, which includes a short multimedia documentary, Gaza In Context, that rehabilitates Israel’s wars on Gaza within a settler-colonial framework. She is also the producer of the short video, Black Palestinian Solidarity. Noura’s media appearances include CNN, MSNBC, Fox News, PBS NewsHour, BBC World Service, NPR, Democracy Now!, and Al Jazeera. She has published in the Nation, the New York Times, the Los Angeles Review of Books, Huffington Post, Jezebel, IntlLawGrrls, The Hill, and Foreign Policy, among others. Noura is the author of Justice for Some: Law in the Question of Palestine (forthcoming Stanford University Press, 2019).
- September 14, 2018
- 6:00pm - 8:00pm
- Carpenter 21


The Maricopa County Board of Supervisors seeks applicants for appointment to the position of Agua Fria Justice Precinct Constable. Constable Doug Clark has retired and thus resigned the position as of December 31, 2022.
Constables execute, serve, and return processes, warrants and notices; and attend justice courts when required. The vacancy will be filled by the Maricopa County Board of Supervisors. By law, the appointee must be a Democrat, like Clark, live in the Agua Fria Precinct, and be a registered Arizona voter. The appointee will fill the position until a special election in 2024.
You can see the full precinct boundaries here.
Applicants should send their letters of interest along with a resume to the Office of the Clerk of the Board of Supervisors, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003 or email it to ClerkBoard@maricopa.gov. Applications will be accepted until Friday, February 24th, 2023, at 5 pm.
All documents, including applications filed with the Clerk’s Office will become public records. Applicants are subject to a background check.


Lee County Traffic Lawyers
Lee County Traffic Attorneys
Formed in 1907 from parts of Moore and Chatham County, Lee County is home to the SanfordLaw Group, as well as the communities of Sanford, Broadway, Tramway, Lemon Springs, Colon, and Cumnock.
The county was named for General Robert E. Lee and enjoys a very central location in North Carolina. Ranked 46th in terms of population within the state, Lee is a fairly large county with roughly 60,000 residents. It also a short drive away from major metropolitan and military areas Raleigh and Fayetteville.
With offices just across the street from the Lee County courthouse, the Sanford Law Group is perfectly located to serve people and businesses involved in legal dealings in Lee County. Our lawyers specialize in Real Estate Law and closings, Divorce & Family Law, Business Organization and Estate Planning, and have experience in many areas of law.
If you are searching for a trusted attorney with experience in and knowledge of Lee County, look no further. Each member of our legal team hails from North Carolina and has been in Sanford for at least 30 years, so we know the area and the people, as well as the laws.
If you are facing a legal matter in Lee County and would like to work with a law team you can trust and rely on, please contact the Sanford Law Group. We can be reached through our contact form, via email or at 919-776-4131.