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Home My Public Portal AboutPyro Shows Contract - Crestview NYE 12-31-2022PYRO SHOWS, INC. Contract Agreement This Agreement made on Oct 11, 2022 by and between PYRO SHOWS, Inc., a Tennessee Corporaon, whose address is 115 N. 1st Street, LaFollee, Tennessee, 37766, and hereinaer referred to as “PYRO SHOWS” and Crestview, City of with its principal place of business located at 100 North Hathaway Street Crestview, FL 32539 hereinaer referred to as “Customer”. In consideraon of the mutual promises and undertakings set forth herein, receipt of said consideraon being acknowledged, the pares hereby agree as follows: I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a fireworks display, hereinaer referred to as “Show”, pursuant to the project/sales order # 22 FL 12-31-C-7500-000618- dated Oct 11, 2022. The Show will be given on December 31, 2022. Rain date/postponement date: No Rain Date Selected 0, 0 II. TARIFF PROVISION: Because our pyrotechnics are products which are primarily imported into the U.S., PYRO SHOWS is legally responsible for payment of any applicable tariffs (a border tax imposed on the buyer) for pyrotechnics. From the date of execuon of the contract herein, in the event of addional cost due to increased price of product as imposed by manufacturer and/or tariffs levied for imported products. Available opons are as follows: Customer may opt to increase their budget to absorb tariff - OR - Customer may maintain the current budget of their show with a corresponding reducon in the amount of product included in their show. Should Customer elect to defer, modify, or cancel Show, Customer shall nofy Pyro Shows no less than ninety (90) days prior to Show date to cancel or reduce the size of show. III. CANCELLATION: PYRO SHOWS shall determine what weather condions prohibit PYRO SHOWS from proceeding with the Show; in which case, PYRO SHOWS agrees to present the Show on the following day or previously agreed upon postponement date. In addion to contracted Show cost, Customer shall remit the actual addional expenses PYRO SHOWS shall incur in presenng the show on subsequent occasion to include labor, lodging, per diem, etc.; in no event shall these addional expenses be less than ten percent (10%) of the contracted price of the Show. In the event the Show must be RESCHEDULED to a mutually agreed upon date other that the previously agreed upon rain date, in addion to contracted Show cost, Customer shall remit the actual addional expenses PYRO SHOWS shall incur in presenng the Show on subsequent occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any reason, Customer must provide PYRO SHOWS with a thirty (30) days' wrien noce by cerfied mail, return receipt, to PYRO SHOWS' address as set forth above. Customer agrees that PYRO SHOWS shall incur substanal expense in preparaon for the Show and, accordingly, agrees to pay PYRO SHOWS fiy (50%) of the total contract price for the show as liquidated damages for cancellaon due to the fault of the Customer. IV. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the Show as determined by NFPA 1123-2014 (hereinaer "Security Area"). Customer agrees to provide adequate security protecon to preclude persons unauthorized by PYRO SHOWS from entering the Security Area. For the purposes of the Agreement, "Unauthorized Persons" shall mean anyone other than the employees of PYRO SHOWS or persons specifically designated in wring by the sponsor or the Authority Having Jurisdicon (AHJ), and submied and approved, to PYRO SHOWS prior to the event. Any expenses for security or stand-by fire protecon shall be the responsibility of the Customer. V. SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include policing of the fallout zone for any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment used in the setup for the show. Customer shall be responsible for cleanup of debris located in and around fallout zone. VI. INDEMNIFICATION AND HOLD HARMLESS: Customer agrees to hold PYRO SHOWS harmless from any damages caused to Customer which result as a consequence of unauthorized persons entering the Security Area. Furthermore, Customer agrees to defend and indemnify PYRO SHOWS from any and all claims brought against PYRO SHOWS for damages caused wholly or in part by Unauthorized Person who have entered the Security Area. VII. AMENDMENT & ASSIGNMENT: This agreement is deemed personal and confidenal to Customer, his heirs, executors and administrators only, and may not be sold, assigned, amended, or transferred without the prior wrien consent of PYRO SHOWS. Zoho Sign Document ID: E1ENXEMOF2DVYIYDBYQGVIHEYVWED7ELDN3VYUQFAM0 PYRO SHOWS, INC. Contract Agreement VIII. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execuon of this Agreement, Customer shall apply for the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law, ordinance, code or regulaon. Customer agrees to indemnify and hold harmless PYRO SHOWS from against all claims, suits, and causes of acon, demands, penales, losses or damages which may arise or accrue because of the failure or neglect of customer to obtain such approval. This Agreement is made expressly subject to and Customer expressly agrees to comply with and abide by all applicable laws, ordinances, codes and regulaons insofar as the same may be applicable to the terms and condions of this Agreement, including all rules and regulaons now exisng or that may be promulgated under and in accordance with any such law or laws. IX. PERMITS AND LICENSES: PYRO SHOWS shall process the necessary permits and licenses to enable PYRO SHOWS to perform fully hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise. It is hereby spulated that this Agreement is to be construed and governed by the laws of the State of Tennessee, and any suit involving this contract shall be brought in the Courts of Campbell County in the State of Tennessee, and the Customer hereby submits itself to the jurisdicon of said Courts and waives its rights to proceed against PYRO SHOWS in and other acons, in any other jurisdicon. For Shows that include licensed music accompaniment, Customer agrees to verify with their organizaon, venue, sponsor, and/or municipality, the permission to simulcast music and agrees to pay any and all fees associated with the broadcast of said music in the public environment of the Show. X. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one half percent (1 1/2%) per month late payment fee for each month unl PYRO SHOWS is paid the amount set forth in Paragraph XIV herein. The stated late payment fee shall begin to run from the applicable date(s) established in Secon XIV, unless this provision is prohibited by law. XI. ADVERTISEMENT AND PROMOTIONS: Customer agrees that when promong fireworks performed by PYRO SHOWS, Customer will name PYRO SHOWS as the fireworks provider in promoonal adversing media. Customer agrees to allow PYRO SHOWS to use Customer ’s name as Customer. XII. COMPLAINTS: In the event that Customer has a complaint concerning the Show, or any material or product used in or pursuant to the Show, or of the conduct of the Show by PYRO SHOWS, or any act or omission of PYRO SHOWS or its agents, either directly or indirectly, without limitaon, Customer shall make complaint known to PYRO SHOWS in wring by cerfied mail to PYRO SHOWS' address as set forth above, within ten (10) days aer the date of the Show. In the event that Customer fails to register any complaint in the me and in the manner specified, Customer agrees that it shall not claim such complaint as cause for an offset or withhold any payment due to PYRO SHOWS hereunder on account of or because of such complaint or any maer arising from, relang to or a consequence of the complaint. Furthermore, Customer agrees that should PYRO SHOWS have to collect any amount due PYRO SHOWS hereunder which Customer claims as an offset or which is withheld by Customer on account of, or because of, a complaint not registered with PYRO SHOWS in the me and in the manner specified herein, by law or through an Aorney-at-Law, PYRO SHOWS shall be entled to collect aorneys' fees in the amount of 15% of the amount owing PYRO SHOWS or the maximum amount allowed by law, whichever is greater, along with all cost of collecon. XIII. INSURANCE: Pyro Shows will provide General Liability Insurance and Automobile Liability in the amount of $10,000,000.00, combined single limit, covering its acvies and services in connecon with the show described in this contract. Pyro Shows also agrees to include Customer as addional Insured under the terms of this coverage. Pyro Shows, Inc. will provide a Cerficate of Insurance. All enes listed on the cerficate will be deemed an addional Insured per this contract. XIV.Crestview, City of PAYMENT TERMS: shall pay PYRO SHOWS $ 7,500.00 plus applicable taxes in the amount of $ 0.00 for a grand total of $ 7,500.00 according to the terms and condions set forth for presenng the Show. Customer shall submit a 50% deposit ($ 3,750.00) upon return of signed contract by November 10, 2022. Balance will be due in the PYRO SHOWS office upon Customer ’s receipt of invoice. TAXES: Customer shall be responsible for all applicable sales taxes. Zoho Sign Document ID: E1ENXEMOF2DVYIYDBYQGVIHEYVWED7ELDN3VYUQFAM0 PYRO SHOWS, INC. Contract Agreement IMPORTANT: Checks must be made payable to PYRO SHOWS, INC. and mailed to P.O. Box 1776, LaFollee, TN 37766 All the terms and condions set forth on any addendum aached to this Agreement are made part of this Agreement and incorporated by reference herein. IN WITNESS WHEREOF, the pares have hereunto set their hands and seals the day and year first above wrien. PYRO SHOWS, INC. BY:__________________________________________________________ DATE:_____________________ Lansden E. Hill Jr., President and CEO -OR- Michael E. Walden, Vice President CUSTOMER BY:____________________________ _________________________ ____________________ DATE:______________ Signature Printed Name Title WARRANTY EXCLUSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representaon of affirmaon of fact including but not limited to statement regarding capacity, suitability for use, or performance of equipment or products shall be, or be deemed to be, a warranty by PYRO SHOWS for any purpose, nor give rise to any liability or obligaon of PYRO SHOWS whatsoever. IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED BREACH OF OBLIGATIONS HEREUNDER. Zoho Sign Document ID: E1ENXEMOF2DVYIYDBYQGVIHEYVWED7ELDN3VYUQFAM0