Terms of Service
1. Hi, we’re VideoMission and we’re glad you have partnered with us on this journey. When
we say ‘we’, ‘us’ or ‘VideoMission’ it’s because that’s who we are and we own and run the
2. VideoMission’s is designed to provide Authentic, Biblical, Cinematic stock footage. When
you create an account and accept these terms you become a member of our platform. You
will have an VideoMission account that will allow you to buy and sell items like the ones
found on the VideoMission sites and make other related transactions.
3. The VideoMission sites allow members to buy and sell licenses to use digital video. On
VideoMission, buyers and authors (sellers) transact with each other and VideoMisison
directly. We provide the platform to allow the transactions to happen. If you have an
VideoMission account, any transactions are logged on your member’s statement, which
records the payments made by you to authors via VideoMission (as a buyer) and by buyers
via VideoMission to you (as an author).
4. The items on VideoMission are owned by the authors, not by us. In some cases the author
may be VideoMisison. The items on VideoMission are uploaded at the direction of the
author. We provide the platform services; we only take ownership of the items that belong
5. As long as you continue to use our platform you agree to follow the rules outlined in these
terms so please read and understand them. If you don’t accept the terms that is your
choice, however you cannot continue to use our platform because the use of the
VideoMission sites is conditional on your acceptance to be bound by these terms, the
How browsing and membership works
6. Browsing: You need to be 13 years or over to browse the VideoMission sites. We don’t
purposefully collect any information from anyone aged 13 or under. When browsing the
sites you agree to follow our guidelines or instructions and keep in mind that these terms
apply to any use of our VideoMission sites.
7. Age: You need to be 18 years or over to become a member. If you’re under 18 you will
need to get a parent or guardian to buy items or use the account of a parent or legal
guardian who is at least 18 years of age, with their permission, and this adult will be
responsible for all your activities.
8. VideoMission Account: Membership is free. When you become a member you get an
VideoMission account that is accessible from any of our VideoMission sites (and is also
your VideoMission account for other VideoMission services). Your membership will allow
you to ‘buy’ (license) items from authors, and generally contribute to our ecosystem of
VideoMission sites that help people get creative. Membership also gives you the
opportunity to become an author.
9. Your responsibility: You promise that information you give us is true, accurate and
complete and, if you sign up for an VideoMission account, that you will keep your account
information up-to-date (including a current email address). Your membership is not
transferrable, that means you cannot sell your account. You are responsible for any use of
the VideoMission sites including any activity that occurs in conjunction with your username
and password, if you have an VideoMission account, so keep your password secure and
don’t let any other person use your username or password. If you realize there’s any
unauthorized use of your password or any breach of security you need to let us know
It is important that you understand your responsibilities as a member of our platform so
please take the time to review this section and the VideoMission Terms carefully.
How buying items works
This section will help you understand what you are buying when you purchase an item and
how that transaction takes place on VideoMission.
10. What you’re buying:
License: When you buy an item, you acquire the right to use that item; you’re not actually
acquiring the item itself. What you get includes a license directly from the author to use
we set on VideoMission. This license also applies to you if you download an item that
someone else has bought for you (because anyone downloading an item needs to be an
VideoMission member). Different license types are available for you to choose when you
have selected an item. You’ll need to think about the way you want to use the item so that
you can pick the right license to allow that use. It’s your responsibility to choose the correct
11. The total price for an item on VideoMission is made up of:
Item price: The item price is made up of a license fee (for the license you choose for the
Taxes: Some transactions on VideoMission may be subject to tax that may be added to the
Transacting as a buyer:
12. Currency conversion costs: You are responsible for all costs of currency conversion relating
to a transaction on VideoMission. Your financial institution does the currency conversion
and may charge you additional fees (we don’t control either the conversion rates or your
financial institution’s fees).
This means that you may incur additional costs when purchasing from VideoMission, which
we have no control over.
13. Terms of buying: When you buy an VideoMission item you’re doing so on the following
you warrant to us and the author that you have carefully considered the suitability of your
chosen license, and that you have chosen appropriately;
you cannot cancel a completed purchase of an item;
we and the authors do not promise that any particular item will continue to be available on
VideoMission so you should download and save the item as soon as you buy it;
once you buy or download an item and the item has been paid for, you acquire a non-
exclusive license to use the item under the terms set out in the license (non-exclusive
means others might also license the same item);
the author retains ownership of the item;
your relevant details may be provided to the author of the item in order to facilitate the
transaction, for example for invoicing and item support services;
transaction limits may apply to VideoMission Credits (such as total or daily limits); and
we have the right to enforce against you the terms of the license that you have acquired
from an author.
It is important that you understand the terms on which you are making a purchase. Please
take the time to review this section carefully.
14. Warranties we make:
We warrant that the VideoMission sites will be suitable for the purposes described on the
sites, and that we will provide our platform services with reasonable skill and care.
We otherwise do not make any express or implied warranties about the VideoMission sites
(or any items on the VideoMission sites).
15. Warranties authors make: The author of an item you buy warrants to you that:
the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
the item matches the description given by the author on the item preview page, as well as
any item preview;
they will honor any express warranties given to you that are not contained in these terms;
they have the rights necessary to license that item on the terms of applicable license;
your use of that item in accordance with the terms of the applicable license does not
infringe the intellectual property rights of someone else;
the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or
the item and its description do not violate any applicable law or regulation (including
those governing export control, consumer protection, unfair competition, criminal law,
pornography, anti-discrimination, trade practices or fair trading);
the item does not contain viruses or other computer codes, files or programs which are
designed to limit or destroy the functionality of other computer software or hardware.
This is what authors are promising you when you buy an item.
Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated
otherwise on our site. You are responsible for paying all such taxes and imposts associated
with your use of VideoMission wherever levied. Your responsibility includes withholding
tax if it applies, unless we already process that withholding tax. We may collect
geographical location information to determine your location, which may be used for tax
purposes (so location information you give us must be accurate for tax residency
17. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items
may occasionally be listed at an incorrect price or with incorrect information. If this
happens, we may cancel or reverse a transaction, even after it is completed and a payment
has been processed. If we do this, we’ll promptly arrange for any payment to be credited
or refunded and you must not use the item unless you re-purchase it at the correct price.
18. Given the nature of digital content, a refund or credit on a purchase is not generally
granted. You may request a refund based on the following reasons only.
you have changed your mind about an item;
you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill; or
you can no longer access the item because it has been removed (we advise you to
download items as soon as you buy them to avoid this situation).
We will make a determination on the refund and notify you of the decision, but we are
under no obligation to issue a refund. Digital goods are not tangible commodities, which
is why refunds are not generally issued.
19. If the author or we decide to issue a refund or credit (if you have an VideoMission
account), this will generally be done using the same manner used to make the purchase.
So if the item was purchased using VideoMission Credits, you will be given credit in
VideoMission Credits; if the item was purchased using a particular payment method you
will be refunded using the same payment method in reverse. Any payment made to you
(not VideoMission Credits) will be made in US Dollars, under the rules of the payment
method (see section 20 – Currency conversion costs about currency conversion back to
your local currency).
It is important that you understand how refunds work on VideoMission.
20. Disputes lodged with payment agents: If, as a buyer via your VideoMission account, you
lodge a dispute with a payment agent, this will result in a freezing of your VideoMission
account until the dispute raised with the payment agent has been closed. This makes it
very complex to resolve any related issues, and means we cannot make payments or issue
refunds out of your VideoMission account, so we encourage buyers to contact us directly
first to see if we can help resolve any concerns.
21. Fine print: We are not a bank or licensed deposit taker in U.S. or elsewhere, your credits
are not deposits under U.S. law about banks, and that means you don’t get the benefit of
any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a
trustee for you, and we’re not a licensed financial service provider.
Becoming an author
22. If you want to get involved in our community as an author find out how by contacting us
through our website.
23. What we own: We own all the VideoMission content that we have put on VideoMission
(unless otherwise stated and excluding content owned by others). This includes the
design, compilation, and look and feel of the VideoMission sites, and copyright,
trademarks, designs and other intellectual property on VideoMission. We own all the
trademarks, logos, service marks and trade names on VideoMission (unless otherwise
stated and excluding these things owned by others). You will not copy, distribute, modify
or make derivative works of any of our VideoMission Content or use any of our intellectual
property in any way not expressly stated in these terms.
24. What we don’t own: We do not own the items on VideoMission that we are not listed as
the author; our authors do. Items are uploaded at the direction of the author. So we cannot
take responsibility for the quality, safety or legality of the items. We do not warrant that the
items or any member content, code, data or materials available on or via the VideoMission
do not infringe the intellectual property rights of a third party. (Each author provides
promises to you directly when you purchase their item.
25. Copyright, trademark and intellectual property claims: We respect the intellectual property
rights of others and we require that authors do the same. If you believe that an item or
member content infringes an intellectual property right (including copyright) please
Our Content Policy is where you will find all the information relating to how we treat
intellectual property on VideoMission including copyright and other rights.
26. Model and property releases: Items are available for commercial use (unless stated
otherwise by the Author on an item page). Authors are responsible for obtaining and
keeping a model or property release if one is needed; please ask the author directly if you
need a copy of a release.
Our use of your information
27. Privacy: We respect your privacy. When you become a member or buy items on
VideoMission you will be asked to provide some information about yourself. This
information may be used by us and contractors in connection with providing the
VideoMission sites and their services, including marketing activities.
28. Confidential Information: We value your information and take reasonable precautions to
protect it. While we take reasonable steps to preserve the security of your information,
please be aware that we can’t promise that your use of the VideoMission will be
confidential, and we can’t promise that any information you provide to us is perfectly
secure. While using the VideoMission, you may also become aware of confidential
information about us or another member. You promise to not disclose any confidential
information made available to you through the VideoMission to any other person.
29. Prohibited Conduct: We strongly recommend that you don’t make your contact details
public on the VideoMission or in any public communications via the VideoMission sites.
Contact details include your email address, street address, Skype name and phone
number (but not social network handles). If you do, it must not be for any reason
prohibited by law.
30. Content removal: We can look at or remove any of your content for any reason at our
discretion. Reasons might include quality assurance, if we receive a valid copyright take-
down notice or General IPR Notice, if we think that the content is unauthorised,
misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your
use of the VideoMission and any content might result in liability to us or anyone else.
31. Community participation: We focus on transparency and mutual respect and invite you to
participate, give feedback and have your say.
Linking; apps made by others
32. Linking to the VideoMission: We’d be delighted if you decide to link to VideoMission from
other sites but you have to link to a full version of a page and not link directly to an image
or file hosted on VideoMission. That includes no “in-line” linking methods resulting in
images hosted on VideoMission being displayed on other sites. You must not “frame” any
VideoMission pages by surrounding those pages with someone else’s content, materials
or branding. We reserve the right to insist that any link to the VideoMission be
discontinued, and to revoke your ability to link to the VideoMission.
33. Links from the VideoMission: The VideoMission sites may contain links to other non-
VideoMission sites. We have no control or responsibility over anything on those sites, and
do not endorse or sponsor those sites, even if they are affiliated to us.
34. Third party developers: We welcome the contribution of our members and broader
community, who offer applications that work with VideoMission. You will need to form your
own view about these applications and their developers; we’re not able to warrant or
endorse those applications and disclaim liability relating to these applications.
35. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit
for platform members who follow our terms and policies and treat other community
members well. We hope that you will be with us for a long time. But we may, using
reasonable discretion, decide whether or not your use of VideoMission complies with
these terms and our policies. We can suspend or terminate your VideoMission account at
any time for any reason (acting reasonably of course), including if you:
breach these terms or any terms applicable to any of your other VideoMission accounts;
read breach any of policies (or policies of any other VideoMission Company);
act in a way that does not align with the values of our community; or
act in a way that could cause us or members harm.
If we do decide to permanently terminate your VideoMission account you must not apply
for a new account as unfortunately you will no longer be welcome in our community.
36. VideoMission Companies: If an indemnity, limitation or disclaimer of liability, warranty or
release (a ‘benefit’) is given in our favour in these terms, we hold that benefit on trust for
the other VideoMission Companies. We may enforce that benefit as trustee for and on
behalf of the other VideoMission Companies as beneficiaries under that trust.
37. We may use the services of another VideoMission Company to conduct payment or other
activities with you, like collecting payments and paying author earnings. If you make a Buy
Now payment, we receive your payment as a limited agent for the author and your
obligation to pay the author is met when we (or another VideoMission Company) receive
the payment successfully.
Liability and indemnity – between us and buyers
38. We provide the VideoMission sites and the platform services, and the items on the
VideoMission sites that are owned by us.
39. You indemnify us against all losses, costs (including legal costs on a full indemnity basis),
expenses, demands or liability that we incur arising out of, or in connection with, a third
party claim against us relating to your use of VideoMission and any content you post to
VideoMission (including, if you are an author, your items).
40. If you are a buyer, you agree that we are not responsible for, and you release us from
liability arising out of or in connection with:
the items on VideoMission;
information provided by authors about their items (including on any item page); and
your use of items from VideoMission.
41. Our liability to you in connection with VideoMission or these terms, in contract, tort
(including negligence) or otherwise, is limited as follows:
we exclude liability for any of these things incurred by you: loss of revenue, loss of profit,
loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in
connection with any other contract, loss of data, or indirect, consequential or special loss,
damage or expense; and;
our total liability to you is limited to the greater of USD100 and the total buyer fees paid by
you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of
your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you
indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity – between authors and buyers
42. Each author grants to each buyer of the author’s items a limited indemnity on the
if another person makes a claim against a buyer that the buyer’s use of the item in
accordance with the terms of the applicable license infringes the intellectual property or
other rights of that third party; and
if that buyer promptly notifies the author of the claim and gives the author the option to
control the defense of the claim (at the author’s cost), then the author will indemnify the
buyer against damages finally awarded by a court against the buyer or any settlement
damages agreed to by the author regarding that claim.
43. The liability of each author to their buyers is otherwise limited, for each item purchased, to
the author’s earnings from the payment for that item, except to the extent that the author’s
liability arises from wilful misrepresentations made about the item.
This means that the author’s liability to buyers is limited.
44. Availability: We strive to have VideoMission available to you 24 hours a day, seven days a
week but you know how the internet works: occasionally you might not be able to access
VideoMission, and this might happen for any reason, at any time, with or without notice, or
at our absolute discretion. We might also change aspects of how VideoMission works. The
VideoMission Companies will not be liable to you for any loss you suffer as a result of
45. Third Party: If you’re agreeing to these terms on behalf of someone else (like your
employer), then you’re promising to us that you have full legal authority to bind that third
46. Consumer laws: In some places there may be non-excludable warranties, guarantees or
other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or
modify non-excludable consumer guarantees in these terms. Except for non-excludable
consumer guarantees, we and authors are bound only by the express warranties made in
these terms. Our and each author’s liability for breach of a non-excludable consumer
guarantee is limited, at our or the author’s option, to replacing or paying the cost of
replacing the relevant item or service, (unless the non-excludable consumer guarantee
47. Blocking a member, disabling an account or refusing to process a payment. We may block
you, terminate any of your VideoMission accounts or refuse to process a payment if we
reasonably believe there is a risk associated with you, your VideoMission account, or that
payment, including if it breaches a law or regulation. Examples of where we might do this
include transactions where we suspect the payment is from or to a person or country
sanctioned by an authority (like the United Nations or the United States government); or
where we reasonably believe there is a legal or regulatory risk or a risk of loss being
suffered by us or our members. You warrant that you are not located in a sanctioned
country and are not on a sanctioned persons list. You also warrant that you will not
purchase items on VideoMission using funds sourced from a sanctioned country. We may
also block members from a country if we can’t make payments to or from that country. You
should check what payment methods are available in your country for making payments as
a buyer or for withdrawing earnings as an author. We may take any of the actions stated in
this section without notice. If required by law we may forfeit existing deposits or earnings.
As our sites are global, there are different laws that may apply and these may restrict our
relationship with you. See this Help Center article for some details.
48. US-specific controls. VideoMission is not available to anyone located in any U.S.
sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially
Designated Nationals List (SDN list). You must not export or re-export VideoMission items
to a U.S. sanctioned country or to anyone on the SDN list.
49. Relationship between the parties: Nothing in these terms is to be construed as constituting
a partnership, joint venture, employment or agency relationship between you and us, or
between you and any other member. Neither you nor us can bind each other in any way.
We are, however, an agent of the authors only for the limited purposes of collecting
50. Notices: Any notice you send us must be submitted via a help request. Any notice we send
to you will be emailed to your VideoMission account email address.
51. Changes to VideoMission Terms: We may change these terms at any time and, if we make
changes, we will take reasonable steps to let our community know about the changes. You
can also keep track of whether changes have been made to our terms by referring to the
version and effective date at the footer of the terms. You can close your Market Account
and terminate your agreement with us at any time if you do not agree to the changes.
However, if you continue to use VideoMission sites after the changes are made, then you
will be agreeing to the changes.
52. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where
anything is within our discretion we mean our sole discretion.
53. Applicable Laws: We control and operate VideoMission from our offices in the U.S.
a member who makes items available for sale on VideoMission.
includes downloading an item that is made available for free on VideoMission or that is
purchased for you by another member.
a way of purchasing an item using a payment provider.
a person who ‘buys’ items on VideoMission.
the fee for the services buyers get from VideoMission like 24/7 support, fraud protection,
item quality control and other related buyers’ services.
VideoMission and any company that controls, is controlled by or is under common control
is all the content that we have put on VideoMission and includes the design, compilation,
and look and feel of the VideoMission, and copyright, trademarks, designs and other
intellectual property on the VideoMission (unless otherwise stated and excluding content
owned by others like author content).
When we refer to the ‘VideoMission’ we’re talking about the VideoMission website
what you receive when you become a Member which gives you access to any of the
the price buyers pay for the license to use an item, as detailed in section 13(a).
digital stock video found on VideoMission
the price you see on an item page on VideoMission, which is made up of the item price
and buyer fee.
a person who signs up by creating an account and accepting these terms.
the record of payments by you to VideoMission (as a buyer) and by VideoMission to you
(as an author).
any payment agent or method we make available on the VideoMission.
the price the buyer will pay in total, which consists of the item price, and any taxes that
may be added.
everything that you post on the VideoMission, or send via the VideoMission to other
members and to us including items, files, communications and materials.
Lumo Project Terms:
This License Agreement (the “Agreement”), is entered into on the I 8th day of July, 2018, between OneHope,
Inc., d/b/a /LUMO (hereinafter referred to as “OneHope”) and Video Mission (hereinafter referred to as
Whereas, OneHope has the right to enter into this Agreement subject to the terms of that certain license
agreement between OneHope and ToyGun Films, Inc. dated March of2017 (the “ToyGun License”); and
Whereas, VM wishes to use the text, audio and video for THE GOSPEL OF MARK, THE GOSPEL OF
JOHN THE GOSPEL OF MATTHEW, THE GOSPEL OF LUKE, existing and future LUMO derivatives
and additional footage, each a “LUMO Project Film and collectively the “LUMO Project Films” for the
purpose of distributing the LUMO Project Films for charitable purposes on VM platforms; and
Now Therefore, in consideration of the mutual covenants herein contained, together with other good and
valuable consideration, the receipt of which is acknowledged by the parties, the parties agree as follows:
I . Rights.
a. Retained Rights. Notwithstanding the rights granted herein, OneHope, subject to the ToyGun
License, retains final authority to all rights for the LUMO Project Films, including original film footage, music
and sound effects.
b. Rights Granted. OneHope grants VM the non-exclusive use of the English of the LUMO Project
Films for distribution in their platforms.
i. The rights granted in this paragraph are subject to the Restrictions provided in paragraph 4
11. VM agrees to include necessary copyright attribution as may be required by OneHope and any
applicable underlying agreements. The copyright attribution shall be displayed visually among
the credits of the video production of each LUMO Project Film subject to the terms of this
iii. VM shall be responsible for all costs it incurs of whatsoever nature, including, but not limited
to, the promotion and marketing of the LUMO Project Films by VM and shall not charge
OneHope for any such costs incurred.
2. Materials provided by OneHope. OneHope will provide VM the LUMO Project Films in digital
3. Reporting. VM will provide a summary report to One Hope within four ( 4) weeks of the end of any
use of the LUMO Project Films by VM under this Agreement. The report must be in written format and must
include the following information: unique viewers of the LUMO Project Films, the number ofunique viewers
under the age of 18 years old (when the data is known or accessible), and specific details of how each LUMO
Project Film was used, including the date, duration, platform, and specific videos or clips.
a. No LUMO Project Film may be used in any platform or broadcast (including cable, internet,
satellite, now known or future) which appeals for money, except as may be mutually agreed in writing on a
case-by-case basis between the parties.
b. LUMO Project Films cannot be distributed (in any manner) in the United States or Canada, in any
language, with the exception of educational institutions or when segmented into clips of five (5) minutes or
less. For purposes of this paragraph a church is not an educational institution, unless it has a school that is
operated within the same corporate entity that operates as the church.
c. No changes to the LUMO Project Films are allowed unless agreed upon prior to this Agreement’s
execution. This includes translation, dubbing, editing and anything else OneHope considers deemable as
5. Term. This Agreement shall continue as long as each party complies with the terms of this Agreement.
Either party may terminate the Agreement by providing thirty (30) days advance written notice to the other
party of its intent to cancel the Agreement. Notwithstanding the foregoing, the parties acknowledge that the
Agreement is subject to the underlying ToyGun License and will terminate upon the termination of the
ToyGun License. OneHope shall provide VM as much advance notice as possible if a termination of the
Toygun license is about to occur or has occurred.
a. Notices. All notices, requests, consents and other communication required or permitted under this
Agreement shall be in writing (including facsimile transmission) and shall be hand-delivered by messenger or
courier service, transmitted by facsimile, or mailed by registered or certified mail (postage prepaid), return
receipt requested, addressed as set forth below. Each such notice shall be deemed delivered (a) on the date
delivered ifby personal delivery; (b) on the date of transmission with confirmed answer back ifby facsimile
transmission; and (c) on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and (d) when actually
delivered by a nationally recognized overnight courier.
The parties may also notify each other by sending an electronic notice with automatic receipt
verification to the other party’s e-mail address. Either party may change the address for notices by giving
written notice of the change to the other party in the manner described above. Either party may change the
address for notices by giving written notice of the change to the other party in the manner described above.
b. No Third Party Rights. Unless expressly stated in this Agreement to the contrary, nothing in the
Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons
or entity other than the parties to this Agreement and their respective legal representatives, successors and
c. Binding Effect. All terms and provisions of this Agreement shall be binding upon, inure to the
benefit of, and be enforceable by the parties and their respective legal representatives, heirs, successors and
permitted assigns, whether so expressed or not.
d. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be
governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without
regard to principles of conflicts of laws, and venue for all proceedings shall be in Broward County, Florida.
e. Waiver. The waiver by any party of any breach of any provision of this Agreement shall not be
considered a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself,
or a waiver of any right, power or remedy under this Agreement.
f. No Construction Against Draftsmen. The parties acknowledge that this is a negotiated
agreement, and that in no event shall the terms of this Agreement be construed against either party on the basis
that such party, or its counsel, drafted this Agreement.
g. Severability. If any provision of this Agreement is contrary to, prohibited by or deemed invalid
under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so
contrary, prohibited or invalid, but the remainder of this Agreement shall not be invalidated thereby and shall
be given full force and effect so far as possible. The parties agree to replace the invalidated provision with a
provision that effectuates the intent of the parties.
h. Amendment. The provision of this Agreement may only be amended, supplemented, waived or
changed by a writing signed by both parties.
i. Assignment. Neither party shall have the right to transfer or assign its rights and/or obligations
pursuant to this Agreement to any other person, corporation or entity without the prior written consent of the
other party and any such purported assignment shall be null and void.
j. Enforcement Costs. If any civil action, arbitration or other legal proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover
reasonable attorneys’ fees and all expenses incurred, in addition to any other relief which such party or parties
may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, and all
other charges billed by the attorney to the prevailing party.
k. Entire Agreement. This Agreement (including any Exhibits attached to this Agreement) sets forth
the entire understanding and agreement between the parties with respect to the subject matter of this
Agreement; that it fully supersedes all prior negotiations, understandings and representations, written or oral,
made by and between the parties. Additionally, to the extent that the provisions of this Agreement and the
Exhibits, if any, attached hereto are inconsistent, the terms within the main body of this Agreement shall
I. Christian Arbitration. The parties to this Agreement are Christians and believe that the Bible
commands them to make every effort to live at peace and to resolve disputes with each other in private or
within the Christian church (Matthew I 8: 15-20; 1 Corinthians 6: 1-8). Therefore, the parties agree that any
claim or dispute arising from or related to this Agreement shall be settled by biblically-based mediation and,
if mediation is not successful, legally binding arbitration in accordance with the rules of procedure for
Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries
(complete text of the rules is available at www.peacemaker.net). The parties shall adhere to the rules, except
that the parties agree to select only one arbitrator and agree to hold any such mediation or arbitration in
Broward County, Florida, at a mutually agreed location. (if the parties cannot agree on a mediator, arbitrator,
or location within Broward County, OneHope shall name three persons or locations and the other party shall
choose from those three.) Judgment upon an arbitration decision may be entered in any court otherwise having
jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim
arising out of this agreement and the parties expressly waive their right to have claims arising from this
agreement adjudicated in a civil court, except to enforce an arbitration decision.
m. Counterparts. This Agreement may be executed in any number of counterparts which, taken
together, shall constitute one in the same instrument. Delivery of an executed counterpart of this Agreement
by facsimile or electronic transmission shall be equally as effective as delivery of a manually executed
counterpart of this Agreement.
n. Force Majeure. No party shall be liable for any failure to perform its obligations in connection
with any action or obligation described in this Agreement, if such failure results from any act of God, riot,
war, civil unrest, flood, earthquake, hurricane or other cause beyond such party’s reasonable control (including
any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial
condition or negligence).
o. Indemnification. Each party agrees to indemnify and hold harmless the other, its board members,
officers, employees or representatives, from and against any and all claims, costs (including reasonable
attorneys’ fees and costs), damages, demands, injuries,judgments and/or liability, including those brought by
any third party (collectively “Claims”), arising directly or indirectly out of the obligations undertaken herein,
or the breach of any representation made herein, except for claims arising through the sole negligence,
recklessness or willful misconduct of either party, its board members, officers, employees or representatives.
This indemnification provision will survive any termination or expiration of this Agreement.
Wherefore, the parties hereto have set their hands and seals to this License Agreement the day and year first
Version 2.0 – Effective date: September 4, 2019.