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Last Updated: September 2026

ADVERTISING MEMBER AGREEMENT

Last Updated: September 2026

This Advertising Member Agreement (“Agreement”) is made between Ad Local Value, LLC d/b/a LobbyCast TV (“LobbyCast TV,” “Provider,” “we,” “us,” or “our”) and the subscribing business (“Member,” “you,” or “your”), effective upon electronic acceptance and submission of payment (the “Effective Date”).

By joining LobbyCast TV as an Advertising Member and completing enrollment or checkout, you agree to this Agreement in addition to LobbyCast TV’s Terms of Service and Privacy Policy.

1. Purpose and Scope

LobbyCast TV operates a place-based entertainment and advertising network displayed in participating lobbies, waiting rooms, and other Host locations (the “Service”).

As a Member, you purchase an advertising plan or package that provides recurring advertising placement for your business within selected portions of the LobbyCast TV network, according to the plan, locations, geographic coverage, or network access selected at enrollment or checkout.

LobbyCast TV combines entertainment programming with place-based advertising designed to connect businesses with consumers in the communities they serve.

Membership may include:

  • Publishing and rotation of your approved advertisement(s);
  • Advertising placement at selected Host locations, within selected geographic areas, or across broader portions of the LobbyCast TV network;
  • A point of contact to assist with onboarding and advertising placement; and
  • Engagement reporting through available QR-based or similar metrics, where applicable.

Unless otherwise agreed in writing, advertising creative production is not included as part of LobbyCast TV Membership. Members are responsible for supplying finished advertising materials that meet LobbyCast TV’s technical and content requirements.

LobbyCast TV provides network exposure and advertising placement but does not guarantee any specific number of customers, leads, redemptions, sales, revenue, impressions, QR scans, or other business results.

LobbyCast TV also does not guarantee uninterrupted operation or availability of every Host screen or location at all times.

2. Membership Plan, Pricing, and Advertising Coverage

The Member’s selected advertising plan determines the applicable pricing, advertising allocation, locations, geographic coverage, network access, billing frequency, and other Service features presented during enrollment, checkout, in an order form, or through another written offer accepted by the Member.

Pricing may vary based on factors including:

  • Individual Host location;
  • Number of Host locations selected;
  • Geographic market or coverage area;
  • Advertising allocation or frequency;
  • Network-wide versus location-specific placement;
  • Promotional offers;
  • Contract length; and
  • Other plan or package features.

As a result, pricing for one Host location, market, Member, or advertising package may differ from pricing available for another.

The price and applicable recurring charges displayed to the Member at checkout constitute the price accepted by the Member for that purchase.

By completing checkout, enrolling in a Membership, or otherwise submitting payment, the Member acknowledges that they have reviewed the applicable pricing and authorizes LobbyCast TV and its payment processor to charge the full price displayed at checkout, including applicable recurring Membership charges and any separately identified one-time charges.

The specific locations, geographic coverage, advertising allocation, anticipated exposure, and other features associated with Membership are determined by the plan or package purchased by the Member.

Any stated number of advertisements, rotations, impressions, placements, participating locations, or other exposure metrics is an estimate based on ordinary network operation and is not a guaranteed minimum unless expressly stated otherwise in writing.

LobbyCast TV may add, remove, replace, or change individual Host locations as the network develops. Unless a specific Host location has been expressly guaranteed in writing as part of the Member’s purchased plan, changes to individual Host locations within the applicable coverage area or network do not constitute a material reduction of the Service.

LobbyCast TV may modify its Membership offerings, features, or pricing prospectively upon at least thirty (30) days’ notice. Pricing changes will not alter amounts already paid and will apply no earlier than the Member’s next applicable renewal period following the notice period.

Promotional, discounted, grandfathered, negotiated, or location-specific pricing offered to one Member does not obligate LobbyCast TV to make the same pricing available to other Members.

3. Term and Automatic Renewal

Unless a different term is expressly presented and accepted by the Member at enrollment or checkout, this Agreement begins on the Effective Date and continues for an initial six (6)-month term.

After the initial term, Membership automatically renews on a month-to-month basis unless canceled in accordance with Section 5.

4. Billing and Payment Authorization

The Member authorizes LobbyCast TV and its designated payment processor to automatically charge the payment method provided during checkout or onboarding for:

  • The Membership price displayed and accepted at checkout;
  • Recurring Membership fees according to the billing frequency applicable to the selected plan;
  • Any additional services or charges separately authorized by the Member; and
  • Any other amounts properly due under this Agreement.

Recurring Membership fees are billed in advance unless otherwise stated at checkout.

The Member is responsible for reviewing the price, selected locations or coverage, billing frequency, and other purchase details before completing checkout.

Completion of checkout constitutes authorization to charge the full amount displayed at checkout and any recurring amounts clearly disclosed as part of the selected Membership.

All payments are non-refundable except as required by applicable law or expressly agreed otherwise in writing by LobbyCast TV.

The Member is responsible for maintaining a valid payment method. Failed or delinquent payments may result in suspension of advertising placement or termination of Membership.

Suspension due to nonpayment does not extend the Membership term or eliminate amounts otherwise owed.

5. Cancellation and Early Termination

Unless different cancellation terms are expressly presented and accepted at checkout, following completion of the initial six (6)-month term, the Member may cancel Membership by providing at least thirty (30) days’ written notice by email to [email protected].

If the Member cancels during the initial six-month term, an early termination charge equal to two (2) months of the Member’s then-current recurring Membership fee will become immediately due.

Any unpaid Membership fees, authorized additional charges, early termination charges, or other outstanding balances remain due following cancellation or termination.

LobbyCast TV may suspend or terminate Membership for material breach of this Agreement, unlawful or misleading advertising, repeated nonpayment, abuse of the Service, infringement of third-party rights, or conduct that LobbyCast TV reasonably determines could create legal, reputational, operational, or technical risk to LobbyCast TV or its Host network.

6. Member-Provided Advertising and Creative Services

Unless otherwise expressly agreed in writing, the Member is responsible for providing LobbyCast TV with a completed, ready-to-publish advertisement that meets LobbyCast TV’s current technical specifications and content requirements.

LobbyCast TV does not provide advertising design, video production, copywriting, photography, videography, animation, branding, or other creative production services as a standard component of Membership.

LobbyCast TV may provide Members with technical specifications, formatting requirements, recommended dimensions, file types, durations, or other requirements necessary for advertising to operate properly on the LobbyCast TV network.

The Member is responsible for supplying advertising materials in a timely manner and in a technically usable format.

LobbyCast TV may reject or request replacement of advertising materials that:

  • Do not meet required technical specifications;
  • Are corrupted, incomplete, unreadable, or otherwise unusable;
  • Do not meet applicable content standards;
  • Present copyright, trademark, privacy, publicity, regulatory, or other legal concerns;
  • Are inconsistent with the Member’s purchased advertising format; or
  • Cannot reasonably be displayed through the LobbyCast TV network.

The Member’s failure to provide an acceptable advertisement does not postpone the Effective Date, suspend recurring Membership charges, extend the Membership term, or entitle the Member to a refund unless LobbyCast TV expressly agrees otherwise in writing.

Preferred Creative Partners

If a Member needs assistance creating or modifying an advertisement, LobbyCast TV may provide referrals or introductions to preferred creative professionals, agencies, vendors, or other third-party service providers.

Unless expressly stated otherwise in writing:

  • Such providers are independent third parties and are not employees or agents of LobbyCast TV;
  • Any agreement for creative services is between the Member and the applicable provider;
  • The provider establishes its own scope of work, timeline, pricing, revisions, and other terms;
  • Creative service fees are separate from LobbyCast TV Membership charges;
  • The Member is responsible for reviewing and approving work produced by the provider; and
  • LobbyCast TV does not guarantee or warrant the work, performance, availability, pricing, or conduct of an independent creative provider.

A referral or designation as a “preferred” partner indicates that LobbyCast TV believes the provider may be able to assist Members but does not constitute a warranty or guarantee of the provider’s services.

LobbyCast TV may separately agree to coordinate, procure, or provide creative services for a Member under a written proposal, addendum, order, or other agreement. Any such arrangement will be governed by the terms of that separate agreement and is not included in standard Membership unless expressly stated.

7. Placement and Distribution

Member advertisements are distributed according to the Member’s purchased plan, applicable coverage, and LobbyCast TV’s network scheduling system.

LobbyCast TV retains sole discretion over:

  • Placement order;
  • Rotation timing;
  • Scheduling;
  • Screen and Host distribution within the Member’s purchased coverage;
  • Programming sequences;
  • Technical delivery methods; and
  • Other network operations.

Members may not require placement in a particular sequence, next to particular content, or at a specific time unless separately agreed in writing.

Placement on a specific individual screen or Host location is only guaranteed when the Member has expressly purchased or been promised placement at that specific location.

Network composition and individual Host locations may change during the Membership term.

The temporary failure, removal, outage, relocation, closure, or unavailability of an individual Host screen does not constitute a breach of this Agreement provided LobbyCast TV continues to provide the Service substantially as contemplated.

8. Member Advertising Responsibilities

The Member is solely responsible for the advertisement submitted to LobbyCast TV and for the underlying business, product, service, promotion, discount, representation, and offer advertised through the Service.

Submission of an advertisement to LobbyCast TV constitutes the Member’s confirmation that the advertisement has been reviewed and approved for publication by the Member.

The Member represents and warrants that all advertising content submitted for publication:

  • Is truthful and not materially misleading;
  • Accurately describes the Member’s products, services, pricing, discounts, availability, and offer terms;
  • Complies with applicable federal, state, and local laws and regulations;
  • Includes any disclosures legally required for the applicable product, service, promotion, or industry;
  • Will be honored by the Member according to the advertised terms; and
  • Does not violate the rights of any third party

LobbyCast TV may identify obvious inconsistencies, request clarification, or reject advertising when appropriate, but LobbyCast TV is not responsible for independently verifying the legality, accuracy, availability, profitability, or regulatory compliance of the Member’s advertisement or offer.

Acceptance and publication of an advertisement by LobbyCast TV does not constitute legal, regulatory, accounting, financial, marketing, or other professional advice regarding the advertisement or the Member’s business.

9. Member-Supplied Content and Intellectual Property Rights

The Member retains ownership of any intellectual property rights the Member owns in advertising materials supplied to LobbyCast TV.

The Member grants LobbyCast TV a non-exclusive, royalty-free license during the Membership term to use, reproduce, encode, resize, format, transmit, display, distribute, and make technically necessary modifications to Member-supplied advertising materials as reasonably required to operate the Service and display the Member’s advertising.

The Member represents and warrants that it owns or has obtained all permissions, licenses, releases, and other rights necessary for LobbyCast TV to publish and distribute every asset contained in the Member’s advertising.

This includes, where applicable, rights relating to:

  • Photographs;
  • Video footage;
  • Logos;
  • Trademarks;
  • Music;
  • Voice recordings;
  • Artwork;
  • Fonts;
  • Written copy;
  • Testimonials;
  • Images of individuals;
  • Names and likenesses; and
  • Other copyrighted, trademarked, proprietary, or personality-right-protected materials.

The fact that an image, video, song, logo, graphic, or other material is available online does not by itself establish that the Member has permission to use it.

LobbyCast TV is entitled to rely on the Member’s representation that submitted advertising materials may lawfully be published and distributed.

LobbyCast TV may refuse any advertisement or require evidence of authorization when LobbyCast TV reasonably believes that publication could infringe another person’s rights.

10. Third-Party Services

LobbyCast TV may use third-party software, platforms, hosting services, QR services, distribution tools, hardware, network infrastructure, or other vendors in providing the Service.

Third-party services may experience outages, interruptions, policy changes, technical failures, or other conditions outside LobbyCast TV’s control.

LobbyCast TV is not responsible for losses caused solely by a third-party service provider or platform where LobbyCast TV has exercised commercially reasonable care in selecting and using that service.

Third-party creative providers referred to Members are additionally governed by Section 6 of this Agreement.

11. Performance Disclaimer

Advertising performance depends on numerous factors outside LobbyCast TV’s control, including consumer interest, location traffic, audience demographics, pricing, competition, economic conditions, the Member’s advertisement and offer, Member fulfillment, and market conditions.

LobbyCast TV makes no representation or guarantee regarding:

  • Number of impressions;
  • Viewer attention;
  • QR scans;
  • Website visits;
  • Leads;
  • Calls;
  • Redemptions;
  • Purchases;
  • Revenue;
  • Return on advertising spend; or
  • Any other business outcome.

Any estimates, projections, examples, anticipated ad counts, or historical results are provided for informational purposes only and are not guarantees of future performance.

12. LobbyCast Rights

LobbyCast TV may reject, remove, suspend, or require modification of advertising that LobbyCast TV reasonably believes:

  • Is unlawful;
  • Is false or materially misleading;
  • Infringes third-party rights;
  • Contains offensive, defamatory, dangerous, discriminatory, or inappropriate material;
  • Could create material legal, reputational, operational, or commercial risk for LobbyCast TV, a Host location, or another Member;
  • Violates network or Host standards;
  • Creates unusual legal or regulatory risk; or
  • Is technically unsuitable for the Service.

LobbyCast TV may also temporarily suspend or modify the Service for maintenance, repairs, security issues, software updates, network changes, technical failures, or other operational needs.

Except as expressly stated in this Agreement, the Service is provided “as is” and “as available.”

13. Member Indemnification

To the fullest extent permitted by law, the Member agrees to defend, indemnify, and hold harmless Ad Local Value, LLC d/b/a LobbyCast TV and its owners, officers, employees, contractors, agents, affiliates, and Host partners from claims, demands, actions, damages, liabilities, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:

  • Advertising content, offers, claims, representations, or instructions supplied by the Member;
  • Member-supplied advertisements, photographs, video, logos, music, copy, trademarks, artwork, testimonials, or other assets;
  • Alleged copyright, trademark, publicity, privacy, or other intellectual property infringement resulting from Member-supplied advertising or materials;
  • The Member’s products, services, promotions, pricing, discounts, fulfillment, or business practices;
  • The Member’s failure to honor an advertised offer;
  • The Member’s violation of applicable law or regulation;
  • The Member’s breach of this Agreement; or
  • LobbyCast TV’s authorized publication, display, or distribution of materials supplied by the Member.

This obligation does not apply to the extent a claim results solely from LobbyCast TV’s gross negligence, willful misconduct, or unauthorized material alteration of Member content.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOBBYCAST TV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, LOBBYCAST TV’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE LESSER OF:

  1. THE MEMBERSHIP FEES ACTUALLY PAID BY THE MEMBER DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
  2. FIVE HUNDRED U.S. DOLLARS ($500).

The limitations in this Section apply to the maximum extent permitted by applicable law.

15. Force Majeure

LobbyCast TV will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including power or internet outages, natural disasters, fires, severe weather, governmental actions, labor disruptions, public emergencies, cyberattacks, failures of third-party platforms or infrastructure, equipment shortages, widespread telecommunications failures, Host closures, or similar events.

Any applicable performance deadline will be reasonably extended for the duration of such event and any reasonable recovery period.

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed under the laws of the State of Washington, without regard to conflict-of-law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable Commercial Arbitration Rules.

Arbitration shall take place in Spokane County, Washington before one arbitrator selected by mutual agreement of the parties or, if the parties cannot agree, appointed according to AAA procedures.

Judgment on an arbitration award may be entered in any court having jurisdiction.

Each party shall initially bear its own attorneys’ fees and costs and its applicable share of arbitration costs, except as otherwise awarded by the arbitrator or required by applicable law.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Either party may seek temporary or injunctive relief from a court of competent jurisdiction when reasonably necessary to protect intellectual property, confidential information, or prevent immediate irreparable harm without waiving the requirement to arbitrate the underlying dispute.

17. Electronic Communications and Acceptance

The Member consents to conducting transactions relating to this Agreement electronically.

Notices, authorizations, and other communications may be provided electronically, including through email, online forms, electronic signatures, or other electronic systems used by LobbyCast TV.

By checking an acceptance box, electronically signing, completing enrollment, completing checkout, or submitting payment after being presented with this Agreement, the Member confirms acceptance of these terms.

18. Entire Agreement and Order of Precedence

This Agreement, together with the LobbyCast TV Terms of Service, Privacy Policy, the Member’s applicable checkout or purchase record, and any separately signed written addendum constitutes the entire agreement between the parties concerning Membership and supersedes prior discussions, representations, or communications concerning the same subject matter.

The Member’s checkout or purchase record establishes the specific pricing, locations, coverage, package, and other purchase-specific terms selected by the Member.

If a direct conflict exists between this Advertising Member Agreement and LobbyCast TV’s general Terms of Service regarding the Member advertising relationship, this Advertising Member Agreement will control unless expressly stated otherwise.

Any amendment or exception must be agreed to in writing by LobbyCast TV.

19. Severability and Waiver

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

LobbyCast TV’s failure to enforce any provision on one occasion does not waive the right to enforce that provision in the future.

Schedule A – Membership Pricing and Advertising Coverage

Membership Pricing

Membership pricing varies based on the advertising plan, selected Host location or locations, geographic coverage, network access, promotional offer, and other applicable package features.

The Member’s applicable price is the price presented to and accepted by the Member at checkout or through another written purchase process authorized by LobbyCast TV.

By completing checkout, the Member agrees to pay the full price displayed for the selected Membership, including any recurring charges clearly disclosed during the purchase process.

Advertising Coverage

The Member’s applicable Host locations, geographic coverage, placement allocation, billing frequency, and other plan-specific features are those presented to and accepted by the Member at the time of purchase.

These terms may be reflected in a checkout page, enrollment page, order form, invoice, written proposal, or other written purchase record incorporated into this Agreement.

Advertising creative production is not included in Membership unless expressly stated otherwise in writing.

Members who need assistance producing advertising may request information about LobbyCast TV’s preferred creative partners.

ACKNOWLEDGMENT

By checking the applicable acceptance box, electronically signing, completing enrollment or checkout, or submitting payment after being presented with this Agreement, Member affirms that Member has read, understands, and agrees to this Advertising Member Agreement and the referenced Terms of Service and Privacy Policy.

 

HOST LOCATION AGREEMENT

Ad Local Value, LLC d/b/a LobbyCast TV

Last Updated: September 2026

This Host Location Agreement ("Agreement") is entered into between Ad Local Value, LLC d/b/a LobbyCast TV ("LobbyCast TV," "we," "us," or "our") and the participating business or organization ("Host," "you," or "your").

This Agreement takes effect when signed by both parties below. It also takes effect if, before signing, you enroll your location in the LobbyCast TV network, accept installation or activation of LobbyCast TV equipment, or otherwise participate as a Host Location.

The person signing or otherwise accepting this Agreement on behalf of a business or organization represents that they have authority to bind that business or organization.

 

1. Purpose and Scope

LobbyCast TV operates a place-based entertainment and advertising network designed for lobbies, waiting rooms, reception areas, and other customer-facing business environments.

LobbyCast TV programming is silent. It contains no audio track and is delivered with captions and on-screen text that carry its meaning without sound. This allows the network to operate without disrupting conversation, patient privacy, or a Host's own background music.

Programming may include entertainment, informational content, advertising, sponsored content, local business promotions, QR-enabled offers, and other content selected or approved by LobbyCast TV.

As a Host Location, you agree to display LobbyCast TV programming at your approved business location in accordance with this Agreement.

Participation is provided without a recurring hosting fee and includes complimentary promotional exposure for the Host business as described in Section 10.

 

2. Host Location Approval

All Host Locations are subject to approval by LobbyCast TV.

LobbyCast TV may approve or decline a prospective location based on location type, visitor traffic, audience suitability, geographic coverage, technical feasibility, network needs, or other business considerations.

Host status applies only to the physical location approved by LobbyCast TV. Host status and LobbyCast TV equipment may not be transferred to another business or physical location without prior written approval.

 

3. What LobbyCast TV Provides

3.1 LobbyCast TV provides a compact media player that connects to the Host's existing television by HDMI cable, together with its power supply, cable, and any remote control or enclosure, plus programming delivery, remote monitoring, and support for the player itself.

3.2 The first player at each approved location is provided at no cost. Each additional player is $499, covering the device and standard setup, payable within 30 days of invoice.

3.3 LobbyCast TV monitors each player remotely, delivers software updates, and repairs or replaces failed players at its own expense.

3.4 LobbyCast TV will use commercially reasonable efforts to respond to reported issues within one business day and, where an on-site visit is required, to schedule it within five business days.

 

4. What LobbyCast TV Does Not Provide

Host acknowledges and agrees that LobbyCast TV does not:

  • supply, sell, install, mount, dismount, relocate, calibrate, service, repair, or replace any television or display;
  • perform electrical, low-voltage, structural, drywall, carpentry, cabling, or mounting work of any kind;
  • supply or service any wall mount, bracket, stand, cabinet, or shelving;
  • supply or service internet access, routers, switches, access points, extenders, surge protectors, or power infrastructure; or
  • assume responsibility for the condition, safety, mounting integrity, warranty status, or code compliance of any television or of the Host's premises.

LobbyCast TV's only physical work at the location is connecting the player to the television by HDMI cable, connecting the player's power supply to a standard electrical outlet, and positioning or securing the player near the television.

Where a television is mounted flush, recessed, or in a cabinet such that its ports are not reasonably accessible, the Host is responsible for arranging access. LobbyCast TV will not dismount or reposition a television.

LobbyCast TV may decline to proceed with setup on any television that appears damaged, insecurely mounted, or otherwise unsuitable. Proceeding with setup is not an inspection, certification, or endorsement of the television's condition or mounting, and creates no duty of care with respect to it.

 

5. Display and Location Requirements

LobbyCast TV programming must be displayed on the approved television in the approved customer-facing lobby, waiting room, reception area, or other publicly visible area.

Because the programming is silent and conveys meaning through on-screen text, placement, viewing distance, and ambient lighting materially affect legibility. The Host agrees to the placement determined at setup and will keep the screen reasonably visible and unobstructed by signage, plants, merchandise, furnishings, or decorations.

The Host may not materially relocate the display or LobbyCast TV equipment to another area of the premises without notifying LobbyCast TV, and may not move equipment to a different physical business location without prior approval.

 

6. Host Operating Commitment

Active operation of LobbyCast TV during normal business hours is a condition of participation.

The Host agrees to:

  • keep LobbyCast TV programming operating on the designated display during normal business hours;
  • keep the television, media player, and related equipment powered on and operating;
  • keep the display on the correct input, source, or configuration required to show LobbyCast TV;
  • disable automatic power-off, sleep, screensaver, energy-saving, and automatic input-switching settings that would interrupt continuous playback during business hours;
  • not alter the aspect ratio or zoom setting in a way that crops or obscures captions;
  • maintain electrical power and internet connectivity sufficient to operate the service;
  • keep the display reasonably visible to customers and visitors;
  • not intentionally disable, disconnect, replace, obscure, cover, minimize, or otherwise materially interfere with LobbyCast TV programming during normal business hours; and
  • reasonably cooperate with LobbyCast TV in resolving technical or connectivity issues.

Permitted interruptions. The Host may switch inputs or power down the display for staff meetings, presentations, private events, closures, emergencies, severe weather coverage, cleaning, or maintenance, and by agreement with LobbyCast TV in any other circumstance. The Host will return the display to the LobbyCast TV input promptly afterward.

Temporary interruptions caused by power outages, internet failures, emergencies, equipment malfunctions, maintenance, or other circumstances outside the Host's reasonable control will not by themselves constitute a violation of this Agreement.

Repeated or intentional failure to operate LobbyCast TV during normal business hours may result in suspension or termination of Host status, subject to the cure period in Section 18.

 

7. Technical Problems and Required Notification

The Host must notify LobbyCast TV within one business day of becoming aware that LobbyCast TV programming is not operating properly, including:

  • a blank, frozen, or error screen;
  • loss of LobbyCast TV programming, or programming displaying without legible captions;
  • failure of the media player or related equipment;
  • internet connectivity problems affecting playback;
  • the LobbyCast TV device appearing offline or disconnected;
  • changes to the Host's Wi-Fi network, password, router, firewall, internet provider, or network configuration that affect the service; or
  • any other technical condition preventing normal display of LobbyCast TV programming.

Contact: [email protected] / 509.541.0059

The Host agrees to reasonably cooperate with troubleshooting, which may include restarting equipment, checking cables or power, confirming the correct television input, reconnecting a device to the internet, providing updated network credentials through an approved method, or allowing reasonable access to authorized LobbyCast TV personnel or contractors. The Host is not required to perform specialized technical repairs, use a ladder or tools, or dismount a television.

Television failure. If the Host's television fails or is removed, the Host will repair or replace it at the Host's cost within 30 days. If the Host does not, LobbyCast TV may suspend service at that location, collect the player, or terminate participation as to that location on written notice.

LobbyCast TV may remotely monitor device connectivity, online/offline status, playback status, software status, and proof-of-play records as reasonably necessary to operate, maintain, and troubleshoot the network. The player contains no camera or microphone and collects no personal information about individuals at the location.

 

8. Internet and Utilities

Unless otherwise agreed in writing, the Host is responsible for providing ordinary electrical power and internet access sufficient to operate LobbyCast TV, and bears the associated utility costs.

The Host authorizes LobbyCast TV equipment to access the Host's internet connection for purposes reasonably related to operating, maintaining, monitoring, updating, and troubleshooting the service.

LobbyCast TV is not responsible for the performance, configuration, security, or availability of the Host's internet provider, local network, router, firewall, electrical service, or other infrastructure not supplied or controlled by LobbyCast TV.

 

9. LobbyCast TV Equipment

Equipment supplied by LobbyCast TV remains the property of LobbyCast TV at all times, regardless of how long it remains connected.

Not a fixture. The player is and remains personal property and does not become a fixture or part of the premises. The Host will promptly notify LobbyCast TV if any landlord, lender, or creditor asserts a claim to it.

The Host agrees to exercise reasonable care of LobbyCast TV-owned equipment, and may not sell, transfer, dispose of, disassemble, materially alter, tamper with, re-image, or use it for unauthorized purposes.

The Host must promptly notify LobbyCast TV if equipment is lost, stolen, damaged, disconnected, or malfunctioning.

Replacement. The Host may be responsible for a $499 replacement and re-setup charge for equipment that is lost, stolen, intentionally damaged, or damaged through misuse, unauthorized alteration, or negligence by the Host or its personnel. This charge reflects the cost of the replacement device together with configuration, deployment, and the site visit required to restore service, and is not a penalty.

The Host will not be responsible for ordinary wear and tear, component defects, power surges not caused by Host negligence, or equipment failure not caused by the Host.

Upon termination, the Host must return LobbyCast TV-owned equipment or reasonably cooperate in arranging its retrieval, within 30 days. LobbyCast TV will collect during normal business hours at its own expense or provide a prepaid shipping label. Removal consists of disconnecting two cables; the television is left in the same position and condition.

 

10. Programming and Content Control

LobbyCast TV retains control over the content, scheduling, frequency, rotation, formatting, and presentation of programming distributed through the network, and may add, remove, replace, modify, or reorganize programming at any time. Participation does not give the Host editorial control over the network.

Slot length. All filler and advertising content is delivered in 30-second slots.

Content standards. LobbyCast TV will not knowingly distribute programming that is explicit, gratuitously violent, unlawful, defamatory, discriminatory, or otherwise unsuitable for a general-audience waiting area.

Host objection. If the Host objects in good faith to a specific advertisement or content item as inappropriate for its customer base, LobbyCast TV will remove or replace it at that location within two business days of written notice, or explain in writing why it declines. This applies to specific items and does not confer general editorial control.

Competitor advertising. LobbyCast TV will use commercially reasonable efforts not to display advertising for a Host's direct competitors at that Host's location. The Host must identify its direct competitors and any excluded advertiser categories in the Site Activation Record; this obligation extends only to those identified.

Accessibility. Programming is designed to be understood without audio. LobbyCast TV will maintain captions and will work with the Host on reasonable adjustments to caption size, contrast, or duration where legibility is a concern.

Content licensing. LobbyCast TV holds all rights necessary to distribute and publicly display its programming, including rights in video footage, imagery, illustrations, fonts, and text, and will indemnify the Host against any claim by a rights holder to the contrary.

Music. LobbyCast TV programming is silent and produces no audio. LobbyCast TV does not supply, curate, schedule, or recommend background music, and this Agreement provides the Host with no music of any kind. The Host may play music in its waiting area through the Host's own separate audio system, not through the player. The Host is solely responsible for obtaining and maintaining any licenses required for that music, including from ASCAP, BMI, SESAC, GMR, or any other performing rights organization, and will indemnify LobbyCast TV against any claim arising from music the Host plays. LobbyCast TV gives no advice on the Host's music licensing obligations.

 

11. Complimentary Host Advertising

As a benefit of active participation, LobbyCast TV provides the Host, at no charge, with 10% of the filler content slots in the playback carousel at the Host's approved location for promotion of the Host's business — rounded down to the nearest whole slot, with a minimum of one slot. The allocation is calculated on the filler slots in the carousel as configured from time to time.

How Host creative is produced. LobbyCast TV does not produce advertising creative from scratch. The Host supplies its own assets — logos, images, copy, offers, and branding. LobbyCast TV reviews those assets and makes minor adjustments for technical compliance, sizing, and formatting in order to deploy a 30-second, Host-approved spot consistent with the visual standards and programming format of the network. The same process applies to paid advertisers.

The Host agrees to provide accurate, complete, and usable assets, and to promptly review or approve creative when requested. Host material must be supplied without an audio track, with any narration rendered as on-screen text.

The complimentary Host advertising allocation:

  • is intended for promotion of the Host business at its own approved location;
  • has no cash value;
  • may not be transferred, sold, resold, assigned, or exchanged for another service;
  • remains available only while the Host Location is active and in good standing; and
  • may be suspended if the Host repeatedly fails to operate LobbyCast TV in accordance with this Agreement.

LobbyCast TV determines placement and sequencing within the carousel, and may periodically refresh, resize, reformat, or otherwise adjust Host creative as necessary for network compatibility or current programming standards.

LobbyCast TV does not guarantee any specific number of impressions, scans, redemptions, leads, sales, or other business results.

 

12. Host Content

The Host may provide LobbyCast TV with its business name, trademarks, logos, photographs, offers, promotional information, copy, and other materials ("Host Content").

The Host grants LobbyCast TV a non-exclusive, royalty-free license to reproduce, display, distribute, resize, format, adapt, and otherwise use Host Content as reasonably necessary to create and display the Host's promotional material and to promote participation in the network. The Host retains ownership of its original Host Content.

The Host represents that it has the legal right to provide all Host Content submitted, and is responsible for ensuring that promotional claims, pricing, offers, and representations are truthful, accurate, lawful, and capable of being honored. The Host will indemnify LobbyCast TV against any claim arising from Host Content.

LobbyCast TV may reject, revise, suspend, or remove Host Content it reasonably determines is inaccurate, unlawful, misleading, infringing, inappropriate, or inconsistent with network standards.

Publicity. LobbyCast TV may identify the Host as a network location, including the Host's name and logo, in marketing and advertiser materials. The Host may withdraw this permission as to future materials on 30 days' written notice.

 

13. Paid Advertising Is Separate

Host participation and paid advertising are separate services.

If a Host purchases expanded advertising, network-wide placement, or another paid advertising service, that purchase is governed by the applicable Advertising Member Agreement, order form, or advertising terms. Becoming a Host Location does not automatically enroll the Host in any paid advertising program.

Any Host-specific advertising discount or promotional pricing is subject to the terms of the applicable offer and may be conditioned on the Host remaining active and in good standing.

 

14. Host Responsibilities

In addition to the operating requirements above, the Host agrees to:

  • provide and maintain, at its own cost, a working television with at least one HDMI input available and dedicated to the player;
  • maintain accurate business and contact information with LobbyCast TV;
  • designate a person reasonably capable of assisting with technical or operational issues at the location;
  • promptly notify LobbyCast TV of ownership changes, relocation, closure, major remodeling, or other changes affecting participation;
  • use LobbyCast TV equipment only for its intended purpose;
  • avoid unauthorized modification of LobbyCast TV equipment or software; and
  • comply with applicable laws in connection with its premises and Host Content.

 

15. Restrictions

The Host may not:

  • copy, record, redistribute, rebroadcast, reproduce, or commercially exploit LobbyCast TV programming except as authorized;
  • reverse engineer, circumvent, disable, interfere with, or attempt unauthorized access to LobbyCast TV software or systems;
  • install unauthorized software on LobbyCast TV-owned equipment;
  • remove or intentionally obscure LobbyCast TV branding, advertising, QR codes, captions, or programming elements;
  • use LobbyCast TV equipment for purposes unrelated to the service without authorization; or
  • falsely represent that the Host owns, operates, controls, or is authorized to sell LobbyCast TV services.

 

16. Changes, Maintenance, and Third-Party Services

LobbyCast TV may modify the service from time to time, including programming formats, content, advertising formats, software, hardware, network configuration, scheduling, monitoring systems, branding, and technical requirements, and may perform maintenance, upgrades, and equipment replacements as reasonably necessary.

LobbyCast TV may use third-party software providers, hosting providers, content delivery systems, hardware manufacturers, internet services, contractors, and other vendors, and may change them from time to time. LobbyCast TV is not responsible for outages, interruptions, errors, or failures caused by third-party systems or other circumstances outside its reasonable control.

 

17. Exclusivity and Confidentiality

17.1 Network exclusivity. During participation, the Host will not install, permit, or contract for any competing digital signage, lobby television, or waiting-area media network on the televisions covered by this Agreement or in the same customer-facing area. The Host's own menu boards, point-of-sale displays, informational screens, and signage on other displays are unaffected.

17.2 Non-circumvention. During participation and for 18 months afterward, the Host will not solicit or contract directly with any advertiser or content partner first introduced to the Host by LobbyCast TV, for the purpose of displaying that party's content at the location outside the LobbyCast TV network, without written consent. This does not apply to any advertiser or partner with which the Host had a pre-existing relationship.

17.3 Confidentiality. Each party will keep the other's non-public business information confidential and use it only for purposes of this Agreement, for three years following termination. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.

17.4 Confidential business assets. The Host acknowledges that LobbyCast TV's advertiser and prospect lists, advertiser contract terms and rate cards, audience and proof-of-play data, content scheduling and rotation methodology, and site selection and qualification criteria are confidential, derive independent economic value from not being generally known, and are the subject of reasonable efforts by LobbyCast TV to keep them secret. The Host will not use any of this information to establish, operate, market, or solicit for a competing display or waiting-area media network, during participation or afterward. This section restricts the use of LobbyCast TV's confidential information only, and does not restrict the Host from operating any lawful business.

17.5 Additional locations. If the Host opens, acquires, or begins operating additional business locations during participation, the Host will notify LobbyCast TV in writing, and LobbyCast TV has a right of first refusal to install at those locations on the same terms, exercisable within 30 days of that notice. If LobbyCast TV declines or does not respond within 30 days, the Host is free to make other arrangements.

 

18. Term, Cure, and Cancellation

Term. This Agreement runs for an initial twelve (12) month term beginning on the date the first player becomes operational, and renews automatically for successive twelve (12) month terms unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term.

Cure period. Before suspending or terminating for a technical or operational failure — including a screen not operating, connectivity loss, or a display setting preventing playback — LobbyCast TV will give written notice and allow the Host five (5) business days to cure. This cure period does not apply to intentional interference, tampering, misuse, or unauthorized relocation of equipment.

Termination for cause. Either party may terminate on thirty (30) days' written notice for a material breach the other does not cure within that period, and immediately if the other ceases operations or becomes insolvent.

LobbyCast TV may suspend or terminate a Host Location, after any applicable cure period, if:

  • the Host materially violates this Agreement;
  • the Host repeatedly or intentionally fails to operate LobbyCast TV during normal business hours;
  • the Host fails to report or reasonably cooperate in resolving ongoing technical problems;
  • equipment is misused, tampered with, improperly relocated, or intentionally disconnected;
  • the Host Location closes or relocates;
  • continued participation creates a legal, safety, technical, reputational, or operational concern; or
  • LobbyCast TV determines the location is no longer suitable for the network.

LobbyCast TV may also discontinue a Host Location for business or network reasons on thirty (30) days' written notice.

Upon termination, Host promotional benefits end and the Host must return or permit retrieval of LobbyCast TV-owned equipment.

 

19. Host Premises and Televisions

The Host remains responsible for its business premises and the safety and operation of property under its control, including ensuring that the placement of televisions, displays, cables, electrical connections, and furnishings complies with applicable safety, accessibility, building, and premises requirements.

Except to the extent caused by LobbyCast TV's gross negligence or willful misconduct, LobbyCast TV is not responsible for:

  • damage to, malfunction of, degradation of, or loss of any television or display;
  • the failure, fall, detachment, or instability of any mount, bracket, stand, cabinet, or fastener;
  • damage to the Host's walls, wiring, fixtures, furnishings, inventory, or other property;
  • any electrical fault, surge, overload, outage, or interruption at the location;
  • any failure, degradation, or interruption of the Host's internet service or network; or
  • any bodily injury or property damage arising from the condition, placement, or mounting of a television.

A note on OLED screens. For transparency: OLED televisions carry a small risk of ghost imaging (also called image retention or burn-in) when content runs continuously over long periods. The risk is low, and it is minimal on the LED and LCD televisions used in most waiting areas. LobbyCast TV raises it so the Host can make an informed choice. If it occurs, LobbyCast TV is not responsible for repairing or replacing the television. LobbyCast TV is glad to advise on panel types suited to continuous commercial use.

Insurance. Each party will maintain commercial general liability coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate and provide a certificate on request. The Host will maintain property insurance covering its televisions and premises, and waives, and will cause its property insurer to waive, rights of subrogation against LobbyCast TV for loss or damage to them, except where caused by LobbyCast TV's gross negligence or willful misconduct.

 

20. No Guarantee of Service or Results

LobbyCast TV will use commercially reasonable efforts to operate the service but does not guarantee continuous, uninterrupted, error-free, or outage-free operation. Interruptions may result from internet outages, electrical failures, equipment problems, software errors, maintenance, third-party providers, or other circumstances outside LobbyCast TV's control.

LobbyCast TV does not guarantee that participation or promotional exposure will produce any particular number of viewers, impressions, scans, redemptions, leads, customers, sales, revenue, or other business outcomes.

 

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, LobbyCast TV programming, equipment, software, and services are provided "as is" and "as available." LobbyCast TV disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and makes no warranty of any kind regarding any television or display, except where such warranties cannot lawfully be excluded.

 

22. Limitation of Liability

To the fullest extent permitted by law, LobbyCast TV and its owners, officers, employees, contractors, affiliates, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, loss of goodwill, or business interruption arising from or relating to this Agreement or the service.

LobbyCast TV's total cumulative liability arising from or relating to this Agreement will not exceed the greater of (a) the amounts paid by the Host to LobbyCast TV in the twelve (12) months preceding the claim, or (b) One Thousand U.S. Dollars ($1,000).

This limitation does not apply to LobbyCast TV's indemnification obligations, to bodily injury or death caused by LobbyCast TV's negligence, or to LobbyCast TV's gross negligence, willful misconduct, or fraud. Nothing in this Agreement limits liability that cannot legally be limited or excluded.

 

23. Indemnification

By LobbyCast TV. LobbyCast TV will defend, indemnify, and hold harmless the Host from third-party claims arising from LobbyCast TV programming (including claims of defamation, infringement, right of publicity, or unlicensed use of third-party works), from a defect in the player itself, or from LobbyCast TV's gross negligence or willful misconduct.

By the Host. To the maximum extent permitted by law, the Host will indemnify, defend, and hold harmless LobbyCast TV and its owners, officers, employees, contractors, affiliates, and representatives from third-party claims, damages, liabilities, costs, or reasonable legal expenses arising from:

  • the Host's material breach of this Agreement;
  • negligent or wrongful acts or omissions of the Host or its personnel;
  • any television, mount, or premises condition at the location, including injury or damage caused by a falling, defective, or improperly mounted television;
  • unsafe or unlawful conditions at the Host premises not caused by LobbyCast TV;
  • Host Content or promotional claims supplied or approved by the Host;
  • music played by the Host;
  • unauthorized modification, misuse, relocation, or interference with LobbyCast TV equipment; or
  • the Host's violation of applicable law or third-party rights.

The Host is not required to indemnify LobbyCast TV to the extent a claim results from LobbyCast TV's own negligence, willful misconduct, or violation of law. The indemnified party will give prompt notice and allow the other to control the defense.

 

24. Intellectual Property

LobbyCast TV and its licensors retain ownership of LobbyCast TV programming, software, designs, graphics, advertising layouts, trademarks, branding, systems, technology, and other intellectual property used in connection with the service.

The Host receives only a limited, non-exclusive, non-transferable right to display LobbyCast TV programming at the approved location while participating in the network. No ownership rights are transferred to the Host.

 

25. Relationship of the Parties

The parties are independent contracting parties. Nothing creates an employment relationship, partnership, joint venture, franchise, fiduciary relationship, agency relationship, or sales representative relationship. Neither party has authority to bind the other except as expressly agreed in writing.

 

26. Sale, Transfer, or Relocation of the Host Business

The Host must promptly notify LobbyCast TV if the Host business is sold, transferred, closed, or relocated.

Host status does not automatically transfer to a purchaser, new owner, or new physical location. LobbyCast TV may require a new owner or relocated business to apply for Host approval and accept a new Host Location Agreement. The Host will not transfer LobbyCast TV equipment to any successor, purchaser, or landlord, and will inform any purchaser in advance that the equipment is LobbyCast TV property.

 

27. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed under the laws of the State of Washington, without regard to conflict-of-law principles.

 

Any dispute, controversy, or claim arising out of or related to this Agreement shall first be submitted to Mandatory Mediation. The parties shall work together to choose a mediator in Spokane County, Washington. The parties shall equally share the fees of the mediator, unless otherwise agreed to.

 

In the event that Mediation is unsuccessful in resolving the dispute, the parties agree to Mandatory Arbitration.

 

The parties shall equally share and be equally responsible for the cost and fees of submitting the claim to Arbitration, including by not limited to filing fees and administrative fees.

The substantially prevailing party, as determined by the Arbitrator, shall have the right to be reimbursed for all reasonable fees and costs, including attorneys fees.

 

Arbitration shall take place in Spokane County, Washington before one arbitrator selected by mutual agreement of the parties or, if the parties cannot agree, appointed according to AAA procedures.

 

Judgment on an arbitration award may be entered in any court having jurisdiction.

 

TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

 

Either party may seek temporary or injunctive relief from a court of competent jurisdiction when reasonably necessary to protect intellectual property, confidential information, or prevent immediate irreparable harm without waiving the requirement to arbitrate the underlying dispute.



28. Changes to this Agreement

LobbyCast TV may update this Agreement from time to time to reflect changes in the service, technology, network operations, legal requirements, or business practices.

LobbyCast TV will provide reasonable notice of material changes to active Hosts. Continued participation after the effective date of an updated Agreement constitutes acceptance of the revised terms to the extent permitted by law.

Material changes will not take effect during a Host's current term without the Host's agreement, except where required by law or necessary for the security or operation of the network.

 

29. Entire Agreement

This Agreement, together with LobbyCast TV's Privacy Policy and the Site Activation Record for the Host's location, constitutes the entire agreement regarding participation as a Host Location. Paid advertising purchased by the Host is governed separately by the applicable advertising terms.

This Agreement may be signed in counterparts and by electronic signature. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in effect. Failure to enforce a provision on one occasion does not waive the right to enforce it later.

 

Acknowledgment

By submitting a Host application, accepting LobbyCast TV equipment, activating the service, or otherwise participating as a Host Location — the Host acknowledges that it has read, understood, and agreed to this Host Location Agreement, including Section 4 (what LobbyCast TV does not provide), Section 19 (Host premises and televisions), Section 21 (disclaimer of warranties), Section 22 (limitation of liability), and Section 27 (arbitration and class action waiver).