Macaroni KID by Rachael Benion – General Terms of Service (TOS)
(Applies to all advertising, sponsorship, partnership, and promotional agreements across Harrisburg, West Shore, Carlisle–Boiling Springs–Shippensburg, and Hershey–Manheim.)
1. Agreement Term
Each agreement specifies the start and end date for services.
Some services may auto-renew, but only if explicitly stated in the client’s individual agreement or invoice.
If a renewal clause exists, the client will be notified of renewal terms and deadlines for opting out.
2. Payment Terms
Payment requirements are listed on each invoice or contract.
Unless otherwise stated:
No refunds are provided for completed services or missed deadlines caused by late materials.
3. Early Termination
If a client cancels before completing the agreement term, an early termination fee applies.
The standard fee is 50% of the remaining contract value, due within 15 days of cancellation.
Custom agreements may specify a different amount.
4. Territory Expansion
Clients may expand advertising or sponsorship coverage into additional regions managed by Rachael Benion if availability permits.
Additional regions are prorated based on the remaining contract value and aligned to the same end date as the original agreement.
5. Right of First Refusal (ROFR)
If included in the client’s agreement, the Publisher will send renewal terms by the date stated in the contract.
Clients typically have 14 days to accept.
Failure to respond within the allowed timeframe forfeits the ROFR.
6. Scope of Services
The Publisher provides the services listed in each agreement, which may include but are not limited to:
Late delivery of required materials may delay publication without refund or credit.
7. Performance Disclaimer
The Publisher guarantees placement and visibility, not business outcomes.
The following are not guaranteed:
8. Indemnification
The client agrees to indemnify and hold harmless Rachael Benion, Macaroni KID Harrisburg • Carlisle • Hershey, and any associated agents against any claims arising from content supplied by the client, including but not limited to:
The Publisher may update pricing or rate card offerings with 90 days’ notice.
Rate changes do not affect active agreements.
Renewals, if applicable, are priced using the updated rate card unless otherwise stated.
10. Limitation of Liability
The Publisher is not liable for incidental, special, indirect, punitive, or consequential damages.
Liability is limited to the amount paid by the client under the active contract.
11. Non-Exclusivity
The Publisher retains the right to work with multiple businesses in the same or related industries unless an exclusivity clause is explicitly purchased.
12. Force Majeure
Neither party is responsible for delays caused by circumstances outside reasonable control, including:
13. Entire Agreement
Each signed contract or invoice represents the full agreement between the client and Rachael Benion.
No verbal modifications are valid.
All changes must be in writing and agreed to by both parties.
(Applies to all advertising, sponsorship, partnership, and promotional agreements across Harrisburg, West Shore, Carlisle–Boiling Springs–Shippensburg, and Hershey–Manheim.)
1. Agreement Term
Each agreement specifies the start and end date for services.
Some services may auto-renew, but only if explicitly stated in the client’s individual agreement or invoice.
If a renewal clause exists, the client will be notified of renewal terms and deadlines for opting out.
2. Payment Terms
Payment requirements are listed on each invoice or contract.
Unless otherwise stated:
- First payment is due before services begin
- Remaining payments are due as invoiced
- A 5% late fee applies to invoices more than 30 days past due
No refunds are provided for completed services or missed deadlines caused by late materials.
3. Early Termination
If a client cancels before completing the agreement term, an early termination fee applies.
The standard fee is 50% of the remaining contract value, due within 15 days of cancellation.
Custom agreements may specify a different amount.
4. Territory Expansion
Clients may expand advertising or sponsorship coverage into additional regions managed by Rachael Benion if availability permits.
Additional regions are prorated based on the remaining contract value and aligned to the same end date as the original agreement.
5. Right of First Refusal (ROFR)
If included in the client’s agreement, the Publisher will send renewal terms by the date stated in the contract.
Clients typically have 14 days to accept.
Failure to respond within the allowed timeframe forfeits the ROFR.
6. Scope of Services
The Publisher provides the services listed in each agreement, which may include but are not limited to:
- Advertising placement
- Sponsored posts
- Directory listings
- Event spotlights
- Social media promotion
- Cross-linking in relevant guides
- Newsletter exposure
- Logos, brand assets, and media
- Captions or talking points
- Event details, dates, and links
- Brand guidelines, tags, and hashtags
Late delivery of required materials may delay publication without refund or credit.
7. Performance Disclaimer
The Publisher guarantees placement and visibility, not business outcomes.
The following are not guaranteed:
- Sales
- Leads
- Attendance
- Engagement
- Revenue
- Conversions
8. Indemnification
The client agrees to indemnify and hold harmless Rachael Benion, Macaroni KID Harrisburg • Carlisle • Hershey, and any associated agents against any claims arising from content supplied by the client, including but not limited to:
- Copyright or trademark infringement
- Libel or defamation
- Privacy violations
- Misrepresentation
- Unfair competition
The Publisher may update pricing or rate card offerings with 90 days’ notice.
Rate changes do not affect active agreements.
Renewals, if applicable, are priced using the updated rate card unless otherwise stated.
10. Limitation of Liability
The Publisher is not liable for incidental, special, indirect, punitive, or consequential damages.
Liability is limited to the amount paid by the client under the active contract.
11. Non-Exclusivity
The Publisher retains the right to work with multiple businesses in the same or related industries unless an exclusivity clause is explicitly purchased.
12. Force Majeure
Neither party is responsible for delays caused by circumstances outside reasonable control, including:
- Natural disasters
- Technical failures
- Platform outages
- Illness or emergency
- Market disruptions
13. Entire Agreement
Each signed contract or invoice represents the full agreement between the client and Rachael Benion.
No verbal modifications are valid.
All changes must be in writing and agreed to by both parties.