HomeMy Public PortalAbout020-Family Time EntADDENDUM
The City of Richmond, Indiana and Family Time Entertainment, Inc., (hereinafter "Contractor")
agree that the following terms and conditions shall also be applicable:
1. Contractor agrees to indemnify City for any claim, injury, or other damage caused by any
negligent or intentional act performed by contractor or its employees, agents, representa-
tives, and crew.
2. Contractor hereby agrees to release and hold harmless, City, its agents, employees and
independent contractors from any claim, cost, damage or liability arising out of Contrac-
tor's performance in the City of Richmond Parks and Recreation Just Us Kids Outdoors
program, including, but not limited to any claim resulting from an intentional act of any
spectator, hotel guest or trespasser. It is expressly agreed that City has no duty to provide
any security or safekeeping for Contractor's equipment or instruments and that in no way
shall City be liable for any act of theft or vandalism.
3. Contractor agrees that the facilities provided by the City for Contractor's performance are
being received in an "as -is whereas" condition, with all faults and that City, other than
providing, reasonable space and electricity, does not guaranty or represent that its fa-
cilities shall be suitable for any particular performance or use.
4. If City is providing Contractor with lodging, Contractor shall be responsible for any room
service, cost or charge in addition to the basic room rate.
5. In no event shall City Contractor in connection with its performance or any cancellation of said be liable for any consequential or special damages incurred by
performance.
6. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit
arising under this Contract, if any, must be filed in said courts. Both parties specifically
waive any right to alternative venues or courts such party may have whether such right
arises under the laws of the State of Indiana, the State of Florida, or any other State of ter-
ritory of the United States or the laws of the United States. The parties specifically agree
that no arbitration or mediation shall be required prior to the commencement of legal pro-
ceedings in said Courts. By executing this agreement, Contractor agrees that it will not
raise and is estopped from raising, lack of personal jurisdiction as a defense to any action
brought in Wayne County, Indiana.
shall be an original and all of which shall constitute but one and the
7. This Agreement may be simultaneously executed in several counterparts, each of which
same instrument.
8. This Agreement is personal to the parties hereto and neither party may assign any of its rights or obligations hereunder without the prior written consent of the otherate
party. It shall be controlled by Indiana law and shall be binding upon the parties, their
successors, and assigns. It constitutes the entire Agreement between the parties, although
it may be altered or amended in whole or in part at any time by filing with the Agreement
a written instrument setting forth such changes signed by both parties. Any previous dis-
cussion, negotiation or dialogue relating to the subject matter contained herein is ex -
Contract No. 20-2005
AC,<(631C)z�o'�
pressly superseded b;� this agreement. Furthermore, both parties agree that no discussion
representation or negotiation, other than that contained herein, has transpired
the subject matter of this agreement and that neither ,
or discussion that took place prior to this agreement per' is relying upon any negotiation
9. In the event of any breach of this Agreement by Contractor, and in addition t
damages or remedies, Contractor shall be liable for all costs incurred by Citydue
enforcement of this Agreement, including but not limited to Ci to any other
fees. Contractor acknowledges that its services are unique and that City to the
cific performance of the agreement or other equitable re tY s reasonable attorneys
act that amounts to an anticipatory p remedies, if Contractortcom itled to s an
p ry repudiation of this agreement. commits an
10. In the event that an ambiguity or question of intent or a need for interpretation
this Agreement arises, this Agreement shall be construed as if drafted jointly
b of
the parties, and no presumption or burden of proof shall arise favoringo
� mtly by
voring any party by virtue of the authorship of any of the provisions of this
is
11. Any person executing this Contract in a representative capacity
has been duly authorized by his or her principal to execute this Contract. aunts that he
t
12. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or an
on behalf of Contractor or any sub -contractor shall not discriminate against an employee
or applicant for employment Y person acting
P yment to be employed in the performance of this A yth respect to hire, tenure, terms, conditions or privileges of employment or an
di-
rectly or indirectly related to employment, because of race, religion col greement, with
y matter national origin, or ancestry.
or, sex, disability,
1N WITNESS WHEREOF, the parties execute this Agreement effective the day and year first
above written, although signatures may be affixed at different times.
"CITY"
.OF RICHMOND,
by and through its
irks & Recreation
Date:_
APPROVED:
"CONTRACTOR"
FAMILY TIME ENTERTAINMENT,
INC.
By: C. C
Title:
Sarah L. Hutton, Mayor Gx
Date: Q��Z � 01
Date: �
FAm i m.,i''`Tj x-i lay
FamilyTime Entertainment, Inc. FED: I D # 35-2135781
960 E. Washington Street 317-635-7770 Main
Suite 100 B 888-752-9109 Toll -free
Indianapolis IN 46202 317-955-3938 Fax
_AALLI:11LV L.:IL_A Contract For Entertainment
The client named below authorizes FamllyTime Entertainment, Inc. to provide entertainment and/or services as specified in this
contract. The client agrees to pay the full amount of this contract. This contract is also subject to the Terms and
Conditions set forth on the reverse side of this agreement. The contract date is: February 7, 2005
Client: City of Richmond Parks & Recreation Ph: 765-983-7426
Evti. dip Hitz
50 North Fifth Street Fax: 765-983-7279
Richmond IN 47374
Begin Date: Friday, July 15, 2005 End Date: Friday, July 15, 2005 Total Days: 1
Time(s): Shows @ 10:00 am & 1:30 pm
Talent & Troy Roark / Comedy -Juggling Show 1 Day
services: Fri 7/15/05 —Fri, 7/15/05 Shows @ 10:00 am & 1:30 pm
Make check to FamilyTime Entertainment.
Give $370 Fee to Troy Roark @ Show or mail
to FamilyTime by 07/13//05
Future engagements of the above named artists for the client must be made solely through FamilyTime Entertainment, Inc. for a
iod of 18 months after the final performance date of this contract.
This contract is pay or play and noncancellable. Inclement weather does not after the terms of this contract. Failure on the part of the
client to fulfill this contract will be liable for the amount of the contract.
The above talent is an independent contractor and assumes all responsibility for withholding tax, social security, state tax, city tax, any
other taxes, public liability and workmen's compensation insurance.
Balance payments that are received late are assessed a $25.00 late fee. Contracts not paid in full within 30 days of the End Date of
this contract will be assessed an additional $25.00 late fee.
This contract is only valid if completely executed and received by the Contract Due Datel
The Contract Due Date is: Sunday, February 20, 2006
Event: Richmond Parks Summer Events
Location: Two different City Parks
Richmond IN 47374
Special FamilyTime Entertainment's Comedy -Juggler TroyRoark Show
Notes: Must give performance fee to Troy Roark @ the Show on 06110105
FamilyTime Entertainment, Inc. FED: I D # 35-2135781
Contract Numb 7 �.
For of Richmo d ks &
or FamilyTime Entertainment, In FED: I
Contract.No. 20-2005