Terms and Conditions

After an order is placed, a contract will be sent confirming the order with specific terms in relation to items selected.

Advertiser agrees to pay Airport monthly on or before the 10^th of each month. Airport shall be entitled to collect interest on any past due amount in accordance with the Airport Board’s Rates and Charges Schedule.

Advertiser shall be responsible to keep and maintain its advertising display(s) in a clean, operable and aesthetically pleasing manner. Airport, in its reasonable discretion, may require changes or improvements to display(s) which are or have not been kept in a clean, operable or aesthetically pleasing manner. If Advertiser has failed or refused to make appropriate changes within fifteen (15) days of Airport’s written notice, Airport shall have the right, at its option, to make said changes and charge Advertiser for all reasonable costs in connection therewith. Unless an emergency, Advertiser, or its contractor, must notify Airport of all maintenance scheduled for display(s) at least 48 hours in advance, regardless of the reason for the maintenance.

Advertiser agrees to assume responsibility for damage and/or destruction of all such object(s) displayed, including loss or damage in the event of fire, theft, breakage, either accidental or intentional, and water damage from any means.

Airport agrees to take reasonable care to protect the object(s) displayed within its building from fire, theft, or water damage. The Airport agrees to report to Advertiser any evidence of loss, damage, or deterioration of the object(s) while it is on display at the Rapid City Regional Airport Terminal Building.

Advertiser does hereby agree to release, indemnify, defend, and hold harmless the Airport, its successors and assigns, from and against all theft, loss, damages, claims, demands, actions, causes of action, cost and expense, including reasonable attorney fees, which may result from all loss of or damage to objects or property, including that owned by, leased to, or in the care, custody, or control of Advertiser, caused by or contributed or arising from Advertiser’s use of the Airport’s property as described herein, but excluding gross negligence and willful misconduct on the part of the Airport, its employees, agents, and assigns.

ll advertising must be in compliance with the Rapid City Regional Airport’s Advertising Program Guidelines. All commercial concepts and final production must be approved by the Airport. Advertisements shall be in good taste, professionally developed and enhance the Airport. The Airport reserves the right to deem any display inappropriate and may cancel this agreement and remove any advertisement at its sole and absolute discretion.

Default. The Airport shall have the option of terminating this Agreement immediately if any of the following instances of default occur:

a. Advertiser fails to make any payment in full or to make any payment when due;

c. Advertiser dissolves or is administratively dissolved;

d. Advertiser enters any type of proceedings related to insolvency, whether bankruptcy, receivership, or otherwise; or

e. Advertiser defaults in its compliance with any other term or covenant hereunder, which default is not cured within ten (10) days after notice of default is given.

Should the Airport choose to exercise its option to terminate this Agreement, such termination will be effective upon notice to Advertiser, at which time Advertiser shall have no further rights under this Agreement. Upon termination, Advertiser agrees to remove all advertising pursuant to the terms of this Agreement. If Advertiser fails to do so, the Airport may cause the advertising to be removed and disposed of, and Advertiser shall be responsible for the costs of such removal and disposal.

Advertiser consents to a disruption of consecutive term length due to construction projects or updates to the advertisement location. If such event occurs, the parties agree that Airport will not bill Advertiser for dates where the advertisement is not visible to the public.

Rapid City Regional Airport (RAP) Advertising Policy

Overview

This policy provides advertising criteria and guidelines for Rapid City Regional Airport (“the Airport”). Advertising is recognized as an essential part of airport concessions, information and identity programs, but must be aesthetically consistent with the Airport’s design and architecture. For the purpose of this policy, advertising is defined as the display of announcements and promotions in any form to promote businesses other than the Airport. Advertising may not interfere with operational efficiencies and safety. A balance between Airport advertising and other informational systems must be maintained in order to preserve visual continuity and avoid clutter and message overload. This policy governs advertising on airport property; advertising strictly in the leasehold space of a tenant shall be governed by the tenant’s lease. The Airport offers multiple opportunities for advertising and sponsorship at various price points so that businesses of all sizes may participate.

Rate Structure & Delegation of Powers

The Airport Executive Director, or his/her designee, may execute airport advertising contracts as outlined in the Airport’s Advertising Rate Sheet. Airport staff shall, from time to time, review the rates and make changes based on the following criteria:

The number of enplanements and number of passengers who pass through the terminal

The local advertising market in Rapid City and the Black Hills region

The rate structures of other airports of comparable size

Adjustments for seasonal pricing and to maintain prices at fair market value

General Guidelines

1. Advertising will be displayed in the areas designated in the advertiser’s contract.

2. All advertisements must comply with any applicable safety standards and local, state and federal laws and regulations.

3. Final approval for any advertising shall be subject to approval by the Airport Executive Director or his/her designee.

4. Political advertisements are not permitted. This includes advertisements for or against political candidates, political campaigns, ballot measures, or political parties or organizations.

Advertisements shall not:

a. Advertise products in direct competition with the Airport’s business objectives.

b. Be false, misleading, or deceptive.

c. Promote unlawful or illegal goods, services or activities.

d. Imply or declare an endorsement by the City of Rapid City or the Airport.

e. Promote tobacco or smoking-related products.

f. Promote unlawful or illegal goods, services or activities.

g. Advertise images or information that may be considered violent or otherwise inappropriate, especially to minors.

h. Promote escort services, dating services or adult entertainment businesses or establishments.

i. Contain sexual, nudity or any indecent behavior or implication.

The Airport will not provide telephone support (e.g., answer questions about products, services, companies, etc.), telephone endorsements (e.g., provide a positive review of a product or service or recommend any product or service) or take orders for products or services advertised at the Airport

7. The Airport reserves the right to reject or remove any advertisement, sign, brochure, flyer, circular, picture, sketch, drawing, or other commercial message that, at its sole discretion, violates this policy.

8. Advertisers and/or their agencies will indemnify and hold harmless Rapid City Regional Airport and the City of Rapid City, its common council, officers, employees, agents and volunteers against all expenses and losses resulting from the publication and contents of the advertisement, including but not limited to, claims for libel, violation of privacy, copyright infringements, plagiarism or advertising errors or omissions.

9. Neither the City of Rapid nor Rapid City Regional Airport nor Rapid City Regional Airport name, logo and designations, nor testimonials by current employees, may be used in advertisements to endorse products or services without written permission of the

Airport Executive Director or designee.

10. Advertiser may not assign or otherwise transfer the rights of any advertising agreement, or any of advertiser’s rights and responsibilities.

11. Any advertising space not sold may be used by Rapid City Regional Airport to promote the Airport or airport-related services.

12. Rapid City Regional Airport reserves the right, at its sole discretion, to cancel or suspend an advertising contract if circumstances warrant such action.

13. All costs associated with changes, modifications or retrofitting space to install advertising will be done at advertiser’s expense, after receiving written approval from the Airport

Executive Director or his/her designee.

14. Rapid City Regional Airport is not responsible for any loss, damage or theft to advertising.

15. The Airport has the right to review all submittals to ensure they meet policy criteria and standards of professionalism.

This policy does not apply to activities of the Airport or Airport-related services, nor to information designed to provide public service information to the public. The Airport Executive Director, or his/her designee, shall have the right to post or cause to be posted signs, brochures, flyers, public outreach, informational, promotional, circulars, pictures, sketches, drawings or other commercial messages that promote use of the Airport or airport-provided services. The

Airport Executive Director, or his/her designee, shall determine what constitutes public service information. Examples of public service information include things such as TSA checkpoint requirements, ticketing, flight and gate information, and general wayfinding.

Terms and Conditions

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