RAISING CANE’S CHICKEN FINGERS® FUNDRAISER TERMS & CONDITIONS

1.       Overview: Raising Cane’s (“Sponsor”) has a fundraising program (the “Fundraising Program”) in which certain qualifying organizations may schedule a fundraising event (“Event”) for a specific time at one or multiple of Sponsor’s restaurants participating in the Fundraising Program (each a “Participating Restaurant”), after which Sponsor will donate to the Organization a percentage of each Participating Restaurant’s Net Sales (defined below) completed during the Event. The Event, Organization’s participation in the Fundraising Program, and the Donation (defined below) are subject to and conditioned upon the parties’ express agreement to be bound by the terms and conditions of this Agreement.  Organization may not advertise its fundraiser on the premises of a Participating Restaurant during the Event, and Sponsor may cancel the Event if Sponsor believes, in its sole discretion, that Organization is violating this provision.

2.       Donation. In this Agreement, “Net Sales” means the purchase price of food and beverages sold at the Participating Restaurant(s) during the Event to customers who indicate their purchase is made in support of the Organization at the time they place their order in person or who use the code RCFUND96 when ordering online or in the Raising Cane’s app. The purchase price excludes any special or limited time offers; discounts of any kind; returns; and all city, county, state, federal sales, luxury, or excise taxes. “Net Sales” excludes purchases of gift cards and retail merchandise. Within a reasonable time following the Event and after Sponsor verifies the Net Sales amount in accordance with its customary business practices (or sooner if required by applicable law), Sponsor will donate to the Organization fifteen (15%) percent of the Participating Restaurants’ Net Sales for the Event (the “Donation”).

3.       Intellectual Property. Organization agrees that Sponsor and its designees shall have the right (but not the obligation) to use the Organization’s name, trademarks, indicia, address, and other information, together with any photographs, videos, or audio recordings relating thereto, in any and all media (including television, internet, and printed media) in order to promote the Event or the Organization’s participation in the Fundraising Program at no charge to Sponsor and without further permission for use or notice to the Organization. Sponsor grants to Organization a limited, non-exclusive license to use Sponsor’s name and brand logo exactly as provided by Sponsor for the limited purpose of promoting the Event only in the mediums, formats, layouts, locations, and timeframe approved in advance by Sponsor.

4.       Release. The Organization, on behalf of itself and its successors, hereby waives, releases, and discharges Sponsor, its affiliates, and related companies and their respective officers, directors, managers, members, agents, representatives, employees, contractors, and their respective successors and assigns (collectively, the “Sponsor Released Parties”), from any and all claims, demands, causes of actions, damages, and losses, and all costs, including attorneys’ fees, relating in any way to the Event, the Organization’s participation in the Fundraising Program, and the Organization’s receipt, use, and enjoyment of the Donation, including any claims, demands, causes of actions, damages, and losses for personal injury, death, or property damage, whether caused in whole or in part by the negligence or fault of any Sponsor Released Parties or otherwise. The Organization covenants and agrees for itself and its successors that it will not make any claim or institute any suit or action at law or in equity for bodily injury, death, or property damage against any Sponsor Released Parties for any such claims.

5.       LIMITATION OF LIABILITY. EXCLUDING INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY AMOUNTS REPRESENTING LOSS OF PROFIT, LOSS OF BUSINESS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.       Miscellaneous: Sponsor may cancel the Event at any time for any reason in its sole discretion and without penalty or obligation to Organization except that Sponsor will provide Organization any Donation amount accrued prior to Sponsor’s cancellation. Each party hereto is an independent contractor and neither party is, nor will it deemed to be, an agent, employee, or representative of the other. This Agreement will be construed in accordance with the laws of the state where the Event takes place, excluding its conflict of law provisions. Neither party may assign any of its rights or delegate its obligations without the prior written consent of the other party. The headings of paragraphs in this Agreement are for convenience only and do not affect the meaning or interpretation of the provisions to which they refer. This Agreement sets forth the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, merges all previous discussions and negotiations between the parties, and supersedes and replaces any other agreement that may have existed between the parties with respect to the subject matter hereof. Failure to claim any rights under this Agreement will not constitute a waiver of any other rights. Any provision in this Agreement prohibited by law, regulation, or ordinance will be effective to the extent permitted by law and will not invalidate the remaining provisions. Any notice required or permitted to be given under this Agreement must be in writing. Each signatory represents and warrants that it has the full right, power, and authority to execute this Agreement.