2021/12/01 MuscoVision Streaming MuscoVision Streaming Service AgreementMuscoVision™ Streaming Service Agreement
Date: December 1, 2021 Project Name: Centennial Park Project #: 184592
2021 Musco Sports Lighting, LLC • M-4707-enUS-2
www.musco.com • lighting@musco.com
Page 1 of 2
Musco Sports Lighting, LLC (“Musco”)
City of Menifee (the “Streaming Owner”)
100 1st Avenue West – PO Box 808 29995 Evans Road
Oskaloosa, IA 52577 Menifee, CA 92584
Attn: Jennifer Ribbink Attn: Bryce Howell
Email: Jennifer.ribbink@musco.com Email: bhowell@cityofmenifee.us
Telephone: 641-673-0411
800-825-6020 Ext 4775
Telephone: 951-723-3880
Fax: 800-374-6402
The Streaming Owner and Musco Sports Lighting, LLC together with its subsidiaries, sisters, and parent
companies (“Musco”), hereby agree to the following terms and conditions related to Streaming Owner’s use of
the MuscoVisionTM product and/or streaming service (“Service”):
1. MUSCOVISION STREAMING SERVICES
Control-Link® Scheduling and Support
• Technical support for the installing contractor for all components
• Training for Control-Link scheduling service
• Control-Link.com access for scheduling of broadcast
• Reporting and management tools
• 24/7/365 phone support
Distribution and Payment System
• Payment system with credit card processing
• Revenue sharing as detailed below
• Content downloads for the Streaming Owner
• Available via Apple TV, Roku, Amazon Fire TV, Android TV applications
• 2,250 hours of streaming included with purchase with additional hours available for purchase as
needed
2. RESPONSIBILITIES OF THE STREAMING OWNER –
• Any required signage to notify patrons of video and/or audio taping
• Any required model releases for athletes or subjects taped
• Granting permission to install the recording devices at the facility or obtaining the necessary
permission from the relevant third party
• Obtaining permission and providing an electronic logo or photo of facility for identification within
the streaming services application
3. RIGHTS RELATED TO STREAMING SERVICES – Unless subject to a pre-existing third-party content
rights agreement (the “Non-Owned Content”), the party purchasing MuscoVision streaming services (the
“Streaming Owner”) shall own the rights to all content available for download and/or streaming through
MuscoVision. If the Streaming Owner is not also the owner of the facility, Streaming Owner is required to
provide written proof to Musco that the owner of the facility has provided permission for installation of the
MuscoVision equipment and to streaming of content except the Non-Owned Content from the owner’s
facility. Streaming Owner grants to Musco a license to stream content except the Non-Owned Content on
its platform at no charge to Musco. Additionally, Streaming Owner grants to Musco, and Musco retains,
any and all rights to and from derivative works of the content except the Non-Owned Content downloaded
and/or streamed through the Streaming Services such as rights to produce highlight reels and other
curated content. Streaming Owner grants to Musco, and Musco retains, all rights to distribute the
streaming video content and derivative works except the Non-Owned Content to third parties.
4. REVENUE SHARING – Subject to Streaming Owner’s compliance with the terms and conditions of this
Agreement, Musco shall pay to Streaming Owner 70% of all pay-per-view revenue generated at
Streaming Owner's facility after deducting all required credit card transaction fees. In the event Musco
adopts other streaming revenue sources in the future, Musco shall alert Streaming Owner to revenue
sharing opportunities and amounts for those sources and the parties shall amend this agreement
accordingly. Musco shall pay the revenue share amounts to Streaming Owner by company check within
DocuSign Envelope ID: BC04DA01-3141-4F31-B47B-A7AAD250A891
MuscoVision™ Streaming Service Agreement
Date: December 1, 2021 Project Name: Centennial Park Project #: 184592
2021 Musco Sports Lighting, LLC • M-4707-enUS-2
www.musco.com • lighting@musco.com
Page 2 of 2
sixty (60) days of the end of each calendar quarter. Streaming Owner expressly acknowledges, however,
that Musco does not guaranty any particular amount of revenue share or income to Streaming Owner.
5. EXCLUSION OF SPECIAL DAMAGES – In no event shall Musco be liable for incidental, special or
consequential damages, including without limitation lost revenues and profits, in respect of this
Agreement or the Streaming Services provided hereunder.
6. LIMITATIONS PERIOD – Any action or proceeding against Musco arising out of or relating to the
Streaming Services will be forever barred unless commenced within the earlier of: (a) one (1) year after
delivery of the Equipment; or (b) the period prescribed by the applicable statute of limitation or repose.
7. FORCE MAJEURE – Musco shall not be liable for delays or failure to perform in respect of the Streaming
Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or
nature, acts (including failure to act) of any governmental authority, wars (declared or undeclared), strikes
or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics).
8. EEO COMPLIANCE – When applicable, Musco and Subcontractor shall comply with the EEO
Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by
specific reference.
When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60 -741.5(a)
and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals
on the basis of disability and against qualified protected veterans, and require affirmative action
by covered prime contractors and subcontractors to employ and advance in employment
qualified individuals with disabilities and qualified protected veterans.
9. CONDITIONS OF AGREEMENT
a. APPLICABLE LAW – Except as may be required by applicable law, this Agreement shall be
governed by the laws of the State of Iowa as effective and in force on the date of this Agreement.
b. ENTIRE AGREEMENT – This Agreement, and any invoice issued by Musco pursuant to this
Agreement, constitute the entire agreement between the parties and supersede all prior statements
of any kind made by the parties or their representatives. No representative or employee of Musco
has any authority to bind Musco to any term, representation or warranty other than those specifically
included in this written Agreement or the written Warranty to be delivered to Buyer in connection with
this Agreement. This Agreement may not be amended or supplemented except by written agreement
executed by Musco and Buyer.
c. TERM AND RENWAL – The term of this Agreement commences on the date on which this
Agreement is fully executed and continues for one (1) year. The Agreement shall automatically renew
for additional one (1) year terms unless either Party provides written notice of nonrenewal at least
sixty (60) days prior to the end of the then-current term. The terms and conditions of this Agreement
during each renewal period shall be the same as the terms and conditions in effect immediately prior
to such renewal.
DocuSign Envelope ID: BC04DA01-3141-4F31-B47B-A7AAD250A891
MuscoVision™ Streaming Service Agreement
Date: December 1, 2021 Project Name: Centennial Park Project #: 184592
2021 Musco Sports Lighting, LLC • M-4707-enUS-2
www.musco.com • lighting@musco.com
Page 3 of 2
CITY OF MENIFEE MUSCO SPORTS LIGHTING, LLC
Acceptance
this _day of , 20 __
Acceptance
this day of , 20
Signature Signature
Armando G. Villa Name and Title
Attest:
______________________________________
Signature
_____________________________________
Sarah A. Manwaring
Approved as to Form:
______________________________________
Signature
______________________________________
Jeffrey T. Melching
29th December 21
Jennifer Ribbink, Sales CoordinatorCity Manager
City Clerk
City Attorney
DocuSign Envelope ID: BC04DA01-3141-4F31-B47B-A7AAD250A891
January 2218