WHEREAS, Gen 1 and Customer desire to enter into a business relationship, whereby Gen 1 will provide Customer, an interactive media system for the purpose of delivering a touch screen network that broadcasts health care information and advertisements ("Smarter LifeStyle Network" or "Network") to visitors in Customer's place of business.

NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the sufficiency and receipt of which is hereby acknowledged by the Parties hereto, the Parties further agree as follows:

1. PROVISIONS: GEN 1 will provide the hardware and software for the "system", which is defined as follows: Smarter LifeStyle Network system is comprised of portable touch screens/tablet computers designed to work with a customer-provided LCD TV display. The system consists of: An agreed upon number of Tablets based upon patient/client check-in per half hour; Digital Media Server; Wifi Router; Two (2) years of programming. Customer will supply: LCD TV's; Electrical outlet(s) & Data Port; Broadband Internet connection

2. INSTALLATION: Gen 1 will preconfigure the system for the office. Installation shall use Customers existing high speed connection. Hardwire internet connection is required. The following Installation options are available:

  1. Customer Self-Install: Customer shall receive the equipment and perform installation on their own.
  2. Professional Install: Gen 1 will arrange for installation of system with its contracted installer at an additional cost of $700.00. (Customers choosing this option must sign Appendix A. )

3. TERMS:

  1. Customer Responsibility:
    1. Customer agrees to accept set up and installation of equipment using the offices existing high speed internet connection and televisions.
    2. Customer agrees to pay a $1,500.00 activation fee for set up of client's interactive content video and custom banners.
    3. Customer agrees that equipment remains the property of Gen 1 and all equipment is provided for the sole purpose of transmitting the programming and advertising as well as any collection of office data. If the contract is cancelled at any time for any reason, all equipment must be returned to Gen 1. (with the exception of the customer-provided TV.)
    4. Customer agrees to contact Gen 1 or its designated representative for any system problems and for support.
    5. Customer agrees to install all equipment and provide picture to Gen 1 of the fully functional system.
  2. Gen 1 Responsibility:
    1. Gen 1 agrees to provide training/operation materials and customer support for the duration of the Customer's use of the network.
    2. Customer will receive fifteen percent (15%) gross revenue share from advertising attributable to it's/his/her office.
    3. Customer will be provided the ability to insert up to four (4) minutes of video content to market their own products or services and up to 25 pages of interactive content that office supplies to Gen 1 and resides under the "about" section. Customer must provide to Gen 1 content within fifteen (15) days of signing this Agreement.
    4. Customer can integrate the tablet network "check in" button into its EMR for an additional fee of $300/month if given permission from the customers EMR provider. Gen 1 will perform the integration but access must be provided by customer.
    5. Customer will be provided with the opportunity to add a Patient Survey Questionnaire to increase patient satisfaction rates. If customer does not provide its own survey, Gen 1 will insert a generic survey until Customer supplies a customized survey.
    6. Customer may purchase additional services as they become available for an additional fee.

4. TERMS, RENEWAL AND TERMINATION: This Agreement shall be effective for five (5) years from the date hereof. Customer agrees that there will be no other marketing information in the waiting room including but not limited to other televisions, print ads or marketing. Customer agrees to maintain the system for five (5) years. Any renewal thereof will be subject to a renewal agreement agreed upon by both parties. If Customer terminates this Agreement they must provide Gen 1 with six (6) months' notice of their intent to terminate. If there is any termination of agreement by Customer, Customer will be responsible for all fees associated with the return of the equipment.

5. GEN 1 COVENANTS AND REPRESENTATIONS:

  1. Gen 1 agrees, at its own expense, to keep the Equipment and the Network in good repair and working order, allowing for reasonable wear and tear. Customer agrees that Gen 1 shall have the right to inspect the state of repair and condition of the Equipment and Network, at any time, during the Customer's normal business hours.
  2. Gen 1 agrees that the ordering, delivery and maintenance of the Equipment and the Network shall be at Gen 1's expense and shall be arranged by Gen 1, on behalf of the Customer, according to Customer's written instructions and to the extent such instructions are not provided, at Gen 1's sole discretion. Customer agrees to indemnify and hold harmless Gen 1 against any claims or damages arising out of or in connection with such order, delivery and installation including, but not limited to, delays in or refusal to accept delivery.
  3. Gen 1 will provide initial telephone support for a limited time via a Help Desk for Customer.
  4. Gen 1 will provide customizable content templates produced by Trailer Park at an additional fee to market their products and services to their clients under the "about" tab and in the video programming

6. CUSTOMER COVENANTS AND REPRESENTATIONS:

  1. Unless Gen 1 provides Customer with prior written consent, Customer agrees not to: (i) alter, modify, delete, improve or adjust the Equipment, the Network or any accessory thereto, (ii) use the Equipment or the Network for any other use or purpose other than which it is intended, or (iii) change the location of the Equipment.
  2. Customer agrees to provide Gen 1 access to Customer's internet service to allow Gen 1 to utilize the broadband connection to deliver Network programming.
  3. Customer shall not use the Equipment or the Network in combination with any other equipment and device which is not provided by Gen 1 to Customer.
  4. Customer agrees to install any updates or enhancements of the Equipment or the Network supplied by Gen 1 within 5 days of receipt from Gen 1.
  5. Customer agrees to notify Gen 1 if the office will be relocating and provide 60 days written notice of office relocation date. Customer agrees to not hold Gen 1 responsible for any repairs to physical space due to relocation or removal of a system.
  6. Customer agrees to report any problems with the operation of the Network or Equipment, and to reasonably protect the Equipment from vandalism, tampering, theft, fire, infringement and/or any other hazard.
  7. In the event that any equipment requires replacement Customer agrees to follow the instructions of Gen 1 for return of the equipment to the supplier and installing the replacement unit in a timely manner.

7. MODIFICATION: This Agreement may be modified only by a written amendment signed by both Parties.

8. INDEMNITY: Customer agrees to defend, indemnify, and hold harmless Gen 1 and its respective agents, representatives, associates, affiliates, predecessors, successors, and assigns, parent subsidiary corporations, and their officers, directors, shareholders and employees, of and from any and all claims, losses, costs, damage, liability, and expenses, including reasonable attorneys' fees and costs, arising out of the breach of any of covenants, representations, warranties and terms of this Agreement by the Customer.

9. LIMITATION OF LIABILITY: In no event shall Gen 1, its independent contractors or affiliates, employees, officers, and directors be liable to Customer, its employees, officers or directors, or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages arising from this Agreement or the use of the equipment under the Agreement, whether such claim is based on contract, tort (including negligence), strict liability, or any other theory of law, except if caused by an intentional act of Gen 1.

10. CONFIDENTIALITY: The terms and conditions between the Parties shall remain confidential and are hereby adopted and incorporated by reference. The terms of this agreement shall remain Confidential and shall survive the termination of this Agreement in accordance with the terms set forth therein. In the event of any conflict between this Agreement and the Confidentiality Agreement, the provisions of this Agreement shall govern.

11. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the Parties hereto and replaces and supersedes all prior agreements between the Parties relating to this same subject matter.

12. GOVERNING LAW; DISPUTE RESOLUTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. Any dispute hereunder shall be submitted exclusively to a federal or state court sitting in Pittsburgh, Pennsylvania. The Parties hereby submit and consent to the personal jurisdiction and Customer of such courts.

13. SIGNATORY: The individual submitting this application asserts that they are duly authorized to do so on behalf of the Customer.

By submitting this application, the subscribing Customer enters into this subscription Agreement with Gen 1 Media Group, Inc. Customer hereby agrees to all terms set forth herein.

Installation by an authorized representative of Gen 1 to include:
  • Installation of CAT6 cable (up to 50') through suspended ceilings or other structures that do not require cutting
  • Configuration of onsite router to open ports and setting static IP address
  • Installation (Tablets, Media Player and Router)
  • System test for connectivity and full operation of system
  • Provision of photograph of system setup and operation
  • Installation of 40' or smaller diagonal TV (mounting hardware not included) - $700.00
  • Optional: Large Screen TV installation monitor larger than 40" diagonal- $95.00
  • Optional: CAT6 Cable fishing or cable installation in excess of 50' - $3.00/foot
  • Optional: Electrical Outlet Installation (subject to permits, union fees etc.) - $250.00

If customer cancels the installation after the technician has been dispatched to the site customer will incur a $250.00 cancellation charge.

Tell us about your business: