Home Builders Association of the Sioux Empire (“Association”) and the undersigned home builder (“Builder”) agree as follows:

  1. Parade Schedule. Association will hold the Parade of Homes™ (“Parade”) according to the schedule in the Participant Timeline.
  2. Planning, Promoting and Operating Parade. Association will plan, promote and operate the Parade. Association has the exclusive right to set the dates and time during which the Parade will be open to the public, procure sponsors for the Parade, create signage and marketing materials for the Parade, and advertise and issue press releases for the Parade. Association will  handle all media scheduling for the event and registered homes. 
  3. Registration Fee and Deposit. Builder will pay Association the registration fee as specified during the Parade registration process. The registration fee is nonrefundable unless this Agreement is terminated in accordance with section 15. 
  4. Definition of Home. “Home” means a single family house, condominium apartment, town house, town home, or housing cooperative where membership in the cooperative is strictly limited to stockholder occupants of the building, which is assessed and taxed as a separate unit. It does not include any manufactured home or modular home.
  5. Eligibility Requirements. To be eligible for the Parade, (a) the Home must be new and not previously occupied, or (b) if the Home is Builder’s personal residence, it must be less than two years old and may not have been registered in more than three previous Parade of Homes. The Home must also meet one of the following levels of construction:
    Level 1 – Under construction: fully enclosed, interior walls covered with sheetrock, stairways with guardrails, walkway to entrance; or
    Level 2 – Completed: interior walls covered with paint or wallpaper, floor coverings installed.
  6. Program Listing. Association will list the Home in the Parade Program. The listing will be based on the information provided by Builder during the online registration process. Association is not liable for any errors in the Parade Program.
  7. Photos. Association may photograph or film the interior and exterior of the Home and use the photos or film in any advertisement, program, brochure or other promotional material.
  8. Signs and Marketing Materials. Association will provide Builder with directional signs and yard signs for the Parade. Builder must return the signs to Association by 5:00PM on the Tuesday immediately following the Parade. Association may invoice the Builder $50 for any sign that is damaged or not returned by the deadline.
  9. Open House. During the Parade, Builder will keep the Home open for public viewing and will remain on the premises to show the home to visitors. Once event registration has closed, the Association will permit Builder to close the Home to public viewing during the Parade if Builder has entered into contract of sale that expressly prohibits Builder from keeping the Home open during the remainder of the Parade and Builder has provided a copy of the contract to Association. All presold homes must be open for public viewing during the entirety of the event. During the Parade of Homes, no charities other than the Sioux Empire Home Builders Care Foundation are allowed to display or request contributions in homes.
  10. Parking. Builder will provide onsite parking for vehicles. If there are not enough parking spaces available onsite, Builder will provide offsite parking and transportation to and from the Home. Builder will be responsible for any parking and transportation coordination and costs.
  11. Special Provisions for Feature Home.
    1. Builder may enter the Home in the Parade as a “Feature Home.” Association will select no more than two homes to be shown as a Feature Home.
    2. To qualify as a Feature Home:
      1. The market value of the Home must be at least $750,000;
      2. The Home must be new and not previously occupied;
      3. The Home may not have been registered in any previous Parade of Homes event;
      4. The Home must be fully constructed, including the basement, with exterior walls painted or otherwise finished, interior walls covered with paint or wallpaper, and floor coverings installed; and
      5. The entire Home must be furnished and decorated.
    3. Builder will be given the opportunity to present feature home details to the committee prior to selection of the feature home.
    4. If the Home is selected as a Feature Home:
      1. Builder will pay the additional registration fee and deposit as specified during the online registration process;
      2. Builder will charge an admission fee to view the Home in an amount to be established by the Association, and Association will donate the proceeds to the Sioux Empire Home Builders Care Foundation;
      3. Builder will have trailers and other construction equipment removed from the adjacent street during the Parade;
      4. Builder will reserve the driveway and garage of the Home for official Parade vehicle sponsors; and
    5. Association will:
      1. Publish a full page article about the Home in the Parade Program;
      2. Include information about the Home in the Parade press kit;
      3. Publish information about the Home on Association’s event website, including Builder’s logo and a link to Builder’s website;
      4. Promote the Home during media interviews;
      5. Issue a press release after the Parade announcing the amount of money the Home raised for the Sioux Empire Home Builders Care Foundation;
      6. Provide a tagline on radio and TV commercials for the Parade encouraging the public to visit the Home;
      7. Give Builder special yard signs and directional arrows for the Home;
      8. Give Builder 30 complimentary Feature Home admission tickets; and
      9. Give Builder a Feature Home appreciation plaque.
  12. Representations and Warranties.  Builder represents and warrants that the following statements are true:
    1. Builder is a member in good standing of the Association and will continue to be a member in good standing during the term of this Agreement;
    2. Builder owns the Home or has entered into a written contract with the Homeowner to act as general contractor for the construction of the Home;
    3. Builder has full power and authority to enter into this Agreement and to perform its obligations under this Agreement, and the signatory below has been authorized to sign this Agreement;
    4. The Home is not part of a bankruptcy proceeding, foreclosure action, or deed-in-lieu-of-foreclosure transaction;
    5. Builder is not in default on any mortgage or encumbrance on the Home; and
    6. The Home complies in all material respects with all applicable laws.
  13. Insurance. During the Parade, Builder will maintain a policy of commercial general-liability insurance that covers premises, operations, broad-form property damage, personal-injury hazards, and contractual liability. The liability limits under the policy will be $1 million per occurrence, with a combined single limit for bodily-injury and property-damage liability. The policy will name Association as an additional insured and provide coverage to Association on a primary basis and will not require contribution from Association’s insurance policy. The insurance policy will provide that the coverage may not be cancelled or materially changed without 10 days prior written notice to Association of any cancellation or any modification, including a reduction in coverage. The insurance policy will be issued and maintained by an insurer approved to do business in the State of South Dakota and will have an A.M. Best Company financial-strength rating of A- or better. On or before the late registration deadline date, Builder will provide to Association a certificate of insurance as evidence of the coverage required under this Agreement.
  14. Indemnity. Builder will fully indemnify, hold harmless and defend Association and its directors, officers, employees, and agents (collectively, Indemnified Parties) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from (a) any breach of any representation or warranty of Builder contained in this Agreement, (b) any breach of any covenant or other obligation or duty of Builder under this Agreement or under applicable law, (c) any personal injury, including death, and property damage, including fire, theft or vandalism, incurred in connection with the Parade, in each case whether or not the relevant claim has merit, except to the extent that the claim results from the sole active negligence of the Indemnified Party.
  15. Default and Remedies. Builder will be in default under this Agreement if Builder fails to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement. In the event of a default, Association may (a) terminate this Agreement by giving notice to Builder; and (b) retain the registration fee and the deposit as liquidated damages or seek any other available legal or equitable remedy.
  16. Early Termination. 
    1. In addition to Association’s right of termination under section 14, Association may terminate this Agreement if (a) Association reasonably determines that holding the Parade has become infeasible because of a change in applicable law or regulation, a natural disaster, such as a tornado, earthquake, flood, fire or explosion, or any other reason, and (b) Association gives Builder notice. If Association terminates the Agreement under this section, Association will refund, without interest, the registration fee and the deposit.
    2. Builder may terminate this Agreement for any reason by giving notice to Association on or before July 25, 2019. If Builder terminates this Agreement under this section, Association will refund, without interest, the registration fee and the deposit.
  17. Assignment. Builder may not assign its rights or obligations under this Agreement without Association’s written consent.
  18. Entire Agreement; Modification. This Agreement contains all the terms and conditions agreed on by the parties. Any previous agreements between the parties are replaced by this Agreement. This Agreement can be modified or changed only by a written instrument signed by both parties.
  19. Waiver. A party’s waiver of enforcement of any of this Agreement’s terms or conditions will be effective only if in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default.
  20. Severability. If any part of this Agreement is held indefinite, invalid, or otherwise unenforceable, the rest of the Agreement will continue in full force.
  21. Choice of Law. This Agreement is governed by and must be interpreted under South Dakota law, without regard to its choice-of-law provisions.
  22. Notices. Notices provided for by this Agreement may be delivered in person, by reputable express courier, or by registered or certified mail (postage prepaid) to a party’s address stated below. Notice sent by U.S. mail is deemed delivered three days after deposit with the U.S. Postal Service. Notice sent by a reputable express carrier is deemed received on the day receipted for by the party or its agent. Either party may change its address as listed below by giving written notice to the other party.
  23. Incorporation of Attached Documents. The Registration Instructions, Participant Timeline, Registration Form, Program Information Form, and Feature Home Proposal are attached to this Agreement and fully incorporated into this Agreement.
  24. Violation of Rules. Violation of rules as outlined in the Parade of Homes Agreement may result in omission from participating in the Parade of Homes event for the following 12 months.