TRADEMARK LICENSING AGREEMENT
For Use of “Tipsy Trailer” Trademark

This Trademark Licensing Agreement ("Agreement") is entered into as of the date of acceptance by the Licensee, by and between:

Licensors:
Kelsey Adams (Wiedmeyer) and Lauren Adams
PO Box 1, Grass Lake, MI 49240
Phone: (517) 745-0324
Email: KAdams@TipsyTrailer.com

Licensee:
The individual or business entity that submits the licensing form and/or payment through the Tipsy Trailer website or through direct communication with the Licensors. The information provided through the form (including name, business name, address, and contact information) will constitute the Licensee’s official record under this Agreement.

By submitting the form and selecting “I Agree to the Trademark Licensing Agreement,” the Licensee affirms that they have read and accepted the full terms of this Agreement, and that the information submitted is accurate and submitted by someone authorized to act on behalf of the business (if applicable).

Collectively referred to as the “Parties.”

1. Grant of License

1.1 Licensors hereby grant to Licensee a limited, non-exclusive, non-transferable, revocable license to use the federally registered trademark Tipsy Trailer® (the “Trademark”) solely in connection with Licensee’s mobile bar or similar business as described herein.

1.2 The license permits use of the Trademark on mobile units, signage, marketing materials, social media, websites, and promotional content directly related to Licensee’s authorized operations.

1.3 The license rights extend only to the number of mobile units and/or physical locations for which Licensee is actively paying the applicable licensing fees pursuant to Section 2 of this Agreement.

2. License Fee

2.1 Licensee shall pay a fee of $75.00 per month for each mobile unit and/or brick-and-mortar location utilizing the Tipsy Trailer® name.

2.2 Payments are due in advance every 30 days from the date of initial licensing. Late payments shall incur a late fee of $25.00. Failure to remit payment within 30 days of the due date shall constitute a breach of this Agreement and may result in immediate termination of the license at Licensors’ sole discretion.

2.3 Licensors reserve the right to modify the fee structure upon notice to Licensee, and Licensee agrees to be bound by any such modifications.

3. Non-Exclusivity and Ownership

3.1 The Trademark is and shall remain the exclusive property of Licensors. This Agreement grants only a limited license to use the Trademark and does not transfer any ownership rights.

3.2 Licensors reserve the right to license the Trademark to other parties, and this license is non-exclusive. Licensee acknowledges that no exclusivity or territorial rights are granted.

  • Licensee acknowledges the “Tipsy Trailer” name is a registered trademark fully owned by Licensors.

  • This Agreement does not confer ownership, only limited usage rights.

  • Other individuals or businesses may also license the name; Licensee has no exclusivity.

4. Limitations on Use

4.1 Licensee shall not:

  • Modify, stylize, or alter the Trademark in any way without prior written approval from Licensors.

  • Claim ownership, rights, or title to the Trademark.

  • Use the Trademark in any illegal, deceptive, or harmful manner.

  • Register any business name, domain, or social media handle containing the Trademark without prior written approval.

  • Use the Trademark beyond the scope expressly permitted by this Agreement.

5. Warranties, Indemnity, and Liability

5.1 The Licensors make no warranties, express or implied, regarding the Trademark’s fitness for a particular purpose or any other representations.

5.2 Licensee operates independently and assumes all legal, financial, and operational liabilities arising from its use of the Trademark. Licensee agrees to indemnify, defend, and hold harmless Licensors, their affiliates, officers, and agents from and against any claims, damages, liabilities, costs, or expenses arising out of Licensee’s use of the Trademark, including but not limited to claims of infringement, false advertising, or violations of law.

5.3 Licensors shall not be liable for any damages, losses, or legal claims resulting from Licensee’s use of the Trademark, business operations, or interactions with third parties.

Licensee agrees that:

  • Licensors are not responsible for the Licensee’s business, legal liabilities, operations, employees, or customers

  • Use of the “Tipsy Trailer” name does not create a partnership, joint venture, or agency

  • Licensee operates independently and assumes all legal and financial liability for their operations

Licensee agrees to indemnify and hold harmless the Licensors from any claims, disputes, damages, or legal actions arising from their use of the “Tipsy Trailer” name.

6. Termination

6.1 This Agreement shall commence on the Effective Date (being date of initial payment) and shall continue until terminated by either Party.

6.2 Licensors may revoke or terminate this license at any time, with or without cause, upon written notice to Licensee, including but not limited to non-payment, breach of terms, or conduct detrimental to the Tipsy Trailer® brand.

6.3 Upon termination, Licensee shall immediately cease all use of the Trademark and remove all related branding, signage, and materials within 7 business days.

Licensors may revoke this license at any time, with or without cause, including:

  • Non-payment

  • Violation of any terms

  • Conduct that negatively affects the Tipsy Trailer brand

  • Unprofessional or unsafe operation

If terminated, Licensee must immediately stop all use of the Tipsy Trailer name and remove it from all materials, signage, and accounts within 7 business days.

7. Verification and Audit

7.1 Licensors retain the right to verify the number of active units or locations using the Trademark at any time and upon reasonable notice. Licensee agrees to cooperate and provide truthful information during such verification and agrees to provide timely responses.

8. Governing Law

8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana.

8.2 Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Marion County, Indiana.

9. Right to Amend and Update

9.1 Licensors reserve the right to modify, amend, or update the terms of this Agreement at any time, with or without notice. Any such modifications shall be effective upon posting or notice to Licensee, and continued use of the Trademark after modifications constitutes acceptance of the new terms.

10. Entire Agreement

10.1 This Agreement constitutes the entire understanding between the Parties. No oral or side agreements shall have any effect unless in writing and signed by both Parties.

10.2 Any amendments or modifications must be in writing and signed by Licensors to be valid.

12. Dispute Resolution

12.1 Contractual Disputes: Any dispute, controversy, or claim arising out of or relating to this Agreement, including breach, termination, or interpretation of the terms herein, shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization. The arbitration shall take place in Marion County, Indiana, and shall be conducted in English. The arbitration award shall be final and binding on both Parties, and judgment upon the award may be entered in any court having jurisdiction.

12.2 Trademark Validity and Infringement: Disputes concerning the validity, registration, or infringement of the Tipsy Trailer® trademark shall be exclusively subject to the jurisdiction of the federal courts located in Marion County, Indiana. The Parties agree to submit to the personal jurisdiction of such courts for any such disputes.

12.3 Costs and Attorneys’ Fees: In any arbitration or court proceeding arising out of this Agreement, if the Licensee is unsuccessful or loses the case, the Licensee shall be responsible for paying the Licensors’ reasonable attorneys’ fees and costs incurred in connection with such dispute.

11. Acceptance of Terms

11.1 By clicking “I Agree to the Trademark Licensing Agreement” or submitting licensing payment, Licensee affirms that they have read, understood, and agree to be legally bound by all terms of this Trademark Licensing Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed electronically or otherwise as of the date of acceptance.