Terms & Conditons

Last updated: May 20, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.freemangroupsolutions.com website (the “Service”) operated by FreemanGroup Service Solutions (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of FreemanGroup Service Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FreemanGroup Service Solutions.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by FreemanGroup Service Solutions

FreemanGroup Service Solutions has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FreemanGroup Service Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless FreemanGroup Service Solutions and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall FreemanGroup Service Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FreemanGroup Service Solutions its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Louisiana, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

 

FREEMAN HOSPITALITY, LLC. STANDARDS OF PERFORMANCE LICENSE AGREEMENT

 

THIS LICENSE AGREEMENT is entered into as of purchase date, by and between Freeman Hospitality, LLC. (“Licensor”) and (CLIENT NAME) (“Licensee”).

 

WHEREAS, Licensor is the developer and owner of certain files consisting of templates for the drafting of Standards of Performance Manuals, and

 

WHEREAS, Licensee desires to license the use of Licensor’s template files.

In consideration of the foregoing and of mutual covenants herein contained, and intending to be legally bound hereby, the parties agree as follows:

Grant of License

Licensor hereby grants Licensee a personal, nonexclusive, nontransferable, non-assignable, not for resale, license to use Licensor’s template files for the FreemanGroup COVID-19 Operational Standards of Performance Manuals in the course of development, maintenance, and revision of such manuals for the Licensee.

License Fees

In consideration of Licensor’s grant of the personal, nonexclusive, nontransferable, non-assignable license in Section 1 above, Licensee shall pay Licensor a lump sum fee of $39.00.  For any additional use of Licensor’s template files for development of performance manuals for any business entity other than the properties/business entities listed below, Licensee shall pay Licensor a lump sum fee of $39.00 per business entity, in exchange for which Licensor shall grant a license or licenses identical to that granted in Section 1 above, and on the same terms and conditions as contained herein.

 

Licensed Property/Business Entity: CLIENT NAME

Nonexclusive Rights

Notwithstanding any provision herein to the contrary, Licensor may license other entities to use the template files in any locality, and Licensor reserves the rights pertaining to the template files.

Use of Template Files

Licensee may use the template files in accordance with the license granted in Section 1 above.  Licensee may install the template files only on personal computers or networks belonging to Licensee.  Licensee may not make copies of the template files or printed templates derived therefrom for use outside the licensed properties/business entities listed in Section 2 above, without the written permission of Licensor, except that Licensee may make one copy of the files for backup purposes only.  All copies of the template files or such printed templates shall remain the property of the Licensor.

 

However, the manuals prepared and revised by the Licensee with the use of the template files, for the use of Licensee in the planning and operation of the licensed properties/business entities shall be the property of Licensee and may be copied for distribution to the employees of the Licensee and other uses in the training of such employees.

Amendment

This Agreement may not be amended or modified except by a written instrument executed by an authorized representative of both Licensor and Licensee.

Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of the State of Louisiana, excluding the principles of conflicts of law, and each of the parties hereto irrevocably agrees to submit to the jurisdiction and venue of the courts of the State of Louisiana.

Waiver

Any failure of the Licensor to enforce, at any time for any period of time, any of the provisions of this Agreement shall not be construed as a waiver of the right of Licensor.

Entire Agreement

This Agreement constitutes the entire agreement between parties hereto, and there are no representations, warranties, covenants, or obligations except as set forth herein.  This Agreement supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions (written or oral) of the parties hereto, relating to any transaction contemplated by this Agreement.

Assignment

Licensee shall not assign any interest in this Agreement by merger, consolidation, operation of law or otherwise without the prior written consent of an authorized representative of Licensor