The Oboz Truist program is designed to be a mutually advantageous relationship between Oboz Truists and Oboz Footwear. We look to develop relationships with people who identify with the brand and its products and who engage in reputable, reliable and synergistic activities. Through these relationships and the Truist’s interactions and personality, we hope to build positive exposure for our brand and grow our community and brand loyalty.
During your one-year term, Oboz Footwear will supply product for yourself. Oboz Footwear will work with you to determine the best product selection for your particular outdoor endeavors. The products provided are for use by the Truist and are not intended for resale.
The product value equals the total compensation for services and duties rendered by the Oboz Truist. The amount, type and value of product provided to you by Oboz will be determined by us, in our sole discretion.
Term and Renewal
This agreement comes into effect on the date the Oboz Truist receives the acceptance email and will remain in effect for a one-year term.
Obligations and Expectations
Social Exposure: The Oboz Truist will use their own Instagram account [(social media platform(s)] to promote the Oboz Footwear brand, by creating Oboz-related content, tagging Oboz Footwear using appropriate tags communicated by Oboz. The Oboz Truist will incorporate Oboz Footwear into their social platform(s) at least six times during their term, in the form of: tagging Oboz Footwear and using the Oboz Footwear hashtag #oboztruist. We also encourage sharing of Oboz Footwear and other Oboz Truist content.You will be responsible for complying with TFC guidelines concerning product endorsements: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
Oboz Footwear will provide a yearly allotment of promotional material and gifts (swag), in our sole discretion, for Oboz Truists to use as appropriate.
Oboz Footwear and the Oboz Truist may work together to partner in other ways that mutually benefit both parties, such as blog post writing. These are case-specific and not mandated or required. Either Oboz Footwear or the Oboz Truist may initiate conversations about these potential ideas and opportunities.
The Oboz Truist is highly encouraged to use and display materials and footwear provided by Oboz Footwear exclusively while practicing the activities and sports they do outdoors.
Oboz Footwear is a global brand, and the Oboz Truist understands that the terms, conditions, and behaviors set forth in this agreement apply worldwide.
The Oboz Truist hereby gives Oboz Footwear the absolute and irrevocable right and permission, with respect to any photograph(s), image(s), video, likeness, audio or voice, and accomplishments during the term of this agreement taken of the Truist or in which Truist may be included with others, direct quotes or portions of direct quotes made by me or all or any portions of statements, details, events or recounting of events in which the Truist participated (the "MATERIAL") to use, re-use, publish and re-publish the same in whole or in part, individually or in conjunction with other similar material, in any medium and for any purposes whatsoever, including (but not by way of limitation) illustration, promotion, website, blogs and other internet sites and advertising, and trade; and to use his/her name in conjunction therewith. Oboz Footwear is under no obligation to use any content provided by you.
Truist hereby warrants that Truist is of full age and not a minor.
Express Assumption of the Risk
There are risks that accompany all aspects of life as well as outdoor recreation. Some of these risks are inherent in the activity. You must understand and accept all the risks of the activity, inherent and others. Any time you are hiking, running, walking (hereinafter hiking), there are risks to be encountered which you need to understand. The most important thing to remember is to be prepared in advance. During activity, it is your responsibility to take care of yourself, pay attention to advice and notify someone if you are in trouble.
You certify that you have reviewed this document and that you have had an opportunity to consult with an attorney. You certify that you have examined the Oboz Footwear website and looked at the information posted on the company website. You certify that you are fully capable of participating in an outdoor recreation program. You state that you have read the above statement regarding risks in this activity and that you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, or the negligence of your family. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Oboz Footwear reserves the right to refuse any person it judges to be incapable of meeting the requirements of participating in the Truist program. You understand and agree that this is a voluntary activity and that you are doing so for recreational purposes.
Waiver, Release and Indemnification
You waive any legal right to any claim against Oboz Footwear and agree to indemnify and hold harmless Oboz Footwear, their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your participation in the Truist program or any outdoor recreation activity, including, but not limited to, all past, present or future claims, demands, and causes of action. You agree to release, acquit, and covenant not to sue Oboz Footwear, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Oboz Footwear, negligence of another participant, or your family, yourself, or your heirs, against Oboz Footwear arising out of participation in this program. In short, you cannot sue Oboz Footwear or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
You hereby agree that if Oboz Footwear is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, brought by yourself, your executors, or your heirs, on your family's or your behalf, or by your heirs or executors, you will pay Oboz Footwear’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Oboz Footwear for any claim that may be brought for any injury you receive, and if you do so, you will be subject to paying Oboz Footwear’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this agreement.
If either party fails to perform any of its obligations as stated in this agreement, this agreement may be terminated by the non-defaulting party with five days written notice. Oboz may terminate this agreement if the Oboz Truist has not represented Oboz Footwear or its products in a positive manner, or if the Truist has made false or damaging declarations, claims or comments about Oboz Footwear and/or its products, or if the Truist is convicted of a felony or misdemeanor that places the Oboz Truist’s integrity, honesty or morals in a bad light or negatively.
Any controversy or claim arising out of or relating to these terms or any part of these terms shall be settled by binding arbitration in Gallatin County and Montana in accordance with the Commercial Arbitration Rules of The American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Agreement shall be construed in accordance with and governed by the laws of the State of Montana irrespective of the fact that a party hereto may not be a resident of or maintain a place of business in that State.
Opting In to Email Communications
If accepted into the Oboz Truist community I agree to receive Oboz email communications, including but not limited to Truist updates and consumer-focused email newsletter communications.