HomeMy Public PortalAbout2019 AgreementPROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
ALL STAR EVENTS, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the day of
, 2019 (the "Effective Date"), by and between the VILLAGE OF KEY
BISCAYNE, FLORIDA, a Florida municipal corporation, whose principal address is 88 West
McIntyre Street, Key Biscayne, Florida 33149 (hereinafter the "Village"), and ALL STAR
EVENTS, INC., a Florida profit corporation, whose address is 14475 NW 60th Avenue Bldg.
#33, Miami Lakes, Florida 33014 (hereinafter, the "Consultant").
WHEREAS, the Consultant will provide entertainment for the Village's Winterfest
event, all as further set forth in the Proposal dated August 23, 2019, attached hereto as Exhibit
"A" (the "Services"); and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
fee for the Services; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. Consultant shall provide .the Services set forth in the Proposal attached hereto as Exhibit
"A" and incorporated herein by reference (the "Services").
1.2. Consultant shall furnish all reports, documents, and information obtainedpursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date until Consultant completes
the Services described herein, which Services are scheduled to be completed in
accordance with the schedule set forth in Exhibit "A", unless earlier terminated in
accordance with Paragraph 8.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
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Professional Services Agreement between the Village of Key Biscayne anti All Star Events for Win terfest 2019
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the
Proposal attached hereto as Exhibit "A." Consultant's Compensation for the Services
rendered pursuant to this Agreement shall not exceed $20,416.60..
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4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior
written approval of the Village Manager, which approval may be granted or withheld in
the Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's
Deliverables or Services are incorrect, not properly rendered, defective, or fail to
conform to Village requests, the Consultant shall at Consultant's sole expense,
immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal, State and local laws applicable to and necessary to perform
the Services for Village as an independent contractor of the Village. Consultant further
warrants and represents that it has the required knowledge, expertise, and experience to
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Professional Services Agreement between the Village of ICey Biscayne and All Star Events for W interfest 2019
perform the Services and early out its obligations under this Agreement in a professional
and first class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5)
calendar days written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Consultant shall be paid for all work
accepted by the Village Manager up to the date of termination, provided that the
Consultant has first complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the Village, in a hard copy
and electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
Village, naming the Village as an Additional Insured, underwritten by a firm rated A -X
or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its officials, employees,
agents, and volunteers naming the Village as additional insured. Any insurance
maintained by the Village shall be in excess of the Consultant's insurance and shall not
contribute to the Consultant's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the Village as it
deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
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Professional Services Agreement between the Village of key Biscayne and All Star Events for Winterfest 2019
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate Liability
limit and the Products/Completed Operations Liability Aggregate limit shall be in
the amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant
shall be allowed to provide Services pursuant to this Agreement who is not covered
by Worker's Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per
occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition of
the Business Automobile Liability policy, without restrictive endorsements, as filed
by the Insurance Service Office, and must include Owned, Hired, and Non -Owned
Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00)per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village
and prior to commencing Services. Each certificate shall include no less than (30) thirty -
day advance written notice to Village prior to cancellation, termination, or material
alteration of said policies or insurance. The Consultant shall be responsible for assuring
that the insurance certificates required by this Section remain in full force and effect for
the duration of this Agreement, including any extensions or renewals that may be
granted by the Village. The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement and shall state
that such insurance is as required by this Agreement. The Village reserves the right to
inspect and return a certified copy of such policies, upon written request by the Village.
If a policy is due to expire prior to the completion of the Services, renewal Certificates
of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy
expiration. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the Village before any
policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject
to approval of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and
Worker's Compensation Insurance, the Village is to be specifically included as an
Additional Insured for the liability of the Village resulting from Services performed by
or on behalf of the Consultant in performance of this Agreement. The Consultant's
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Professional Services Agreement between the Village of Key Biscayne and All Star Events for Wintcrfest2019
insurance, including that applicable to the Village as an Additional Insured, shall apply
on a primary basis and any other insurance maintained by the Village shall be in excess
of and shall not contribute to the Consultant's insurance. The Consultant's insurance
shall contain a severability of interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each Insured or Additional Insured
(for applicable policies) in the same manner as if separate policies had been issued to
each.
9.4. Loss Payee, The Village is to be specifically named as a loss payee under the
Consultant's Professional Insurance policy so that the Village will be a third party
beneficiary entitled to receive all money payable under the relevant policy for any
claims, damages, or losses in connection with, related to, or arising from Consultant's
Services or performance pursuant to this Agreement.
9.5. Deductibles. All deductibles or self -insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self -insured retentions in the event of any claim.
9.6. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color,
religion, sex, or national origin, and to abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Tees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant's negligent acts, errors, or
omissions arising out of the performance or non-performance of any provision of this
Agreement, including, but not limited to, liabilities arising from contracts between the
Consultant and third parties made pursuant to this Agreement. Consultant shall
reimburse the Village for all its expenses including reasonable attorneys' fees and costs
incurred in and about the defense of any such claim or investigation and for any
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Professional Services Agreement behveen the Village of Key niscayne and All Star Events for Winterfest 2019
judgment or damages arising from Consultant's negligent performance or non-
performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private
postal service, addressed to the parties (or their successors) at the addresses listed on the
signature page of this Agreement or such other address as the party may have designated by
proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same formality
as this document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of
this Agreement ("Work Product") belong to the Village. Consultant shall promptly
disclose such Work Product to the Village and perform all actions reasonably requested
by the Village (whether during or after the term of this Agreement) to establish and
confirm such ownership (including, without limitation, assignments, powers of attorney
and other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The
Village Manager or her designee shall, during the term of this Agreement and for a
period of three (3) years from the date of termination of this Agreement, have access to
and the right to examine and audit any records of the Consultant involving transactions
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Professional Services .Agreement between the Village of Key Biscayne and All Star Events for \Vintcrfest 2019
related to this Agreement. Consultant additionally agrees to comply specifically with
the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred
to the Village.
16.3. Upon request from the Village's custodian of public records, Consultant shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(21(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Jennifer Medina, CMC
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5506
jmedina(a keybiscayne.fl.gov
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Professional Services Agreement between the Village of Key Biscayne and All Star Events for Winterfest 2019
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying upon the
apparent qualifications and expertise of the Consultant, and such firm's familiarity with the
Village's area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with
respect to all of the acts and services performed by and under the ,terms of this Agreement.
This Agreement shall not in any way be construed to create a partnership, association or any
other kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
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Professional Services Agreement between the Village of Key Biscayne and All Star Events for winterfcst 2019
26. Conflicts. In the event of any conflict or ambiguity between the terms and provisions of this
Agreement and the terms and provisions of the Proposal attached hereto as Exhibit A, the
terms and provisions of this Agreement shall control.
27. Amendments to Proposal.
27.1. The Section titled "Cancellation Policy" in the Proposal attached hereto as Exhibit
A shall be deleted in its entirety and replaced as follows: "Cancellations due to
inclement weather or any other cause must be made by 4 PM the day before the event,
regardless of time of event. Cancellations may be made by calling the main office at
305-623-0058. Once the equipment is at the event, payment in full is due, rain or shine.
In the event of cancellation, all monies paid will be kept on record and can be applied to
any future booking within 6 months from the contracted date, but it will not be refunded.
The deposit is non -transferable without prior authorization."
27.2. In the Section titled "General" in the Proposal attached hereto as Exhibit A, the
following sentence shall be deleted in its entirety: "ASE is not responsible for electrical
pipes, sprinklers or any water pipes damages during the setup, takedown or use of our
equipment on customer's property."
27.3. The Section titled "Unattended Equipment" in the Proposal attached hereto as
Exhibit A shall be deleted in its entirety.
27.4. The Section titled "Participant Agreement, Release and Assumption of Risk" in
the Proposal attached hereto as Exhibit A shall be deleted in its entirety.
[Remainder of page intentionally left blank. Signature pages follow.]
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Professional Services Agreement between the Village of Key Biscayne and All Star Events for Winterfest 2019
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
VILLAGE OF KEY BISCAYNE
By:
Andrea Agha
Village Manager
Attest
By:
Jennifer 4edina, CMC
Villag Clerk
Approved as to form and legal sufficiency:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
aagha a keybiscayne.f.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn.: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, FL 33134
cfriedman@wsh-Iaw.com (email)
CONSULTANT
Title:
AL1. STAR EVENTS, INC.
Addresses for Notice:
A11 St Eve ts, Inc.
c/o
14475 NW 60th Avenue, Bldg.
Mia ' Lake��33014
°CY
mac- �1 µ►�' �f
I Edk.i,a()
#33
With a copy (0:
v.)
(telephone)
(facsimile)
cerA4
(telephone)
(facsimile)
(email)
Page 10 oft!
Professional Services Agreement between the Village of Key Biscayne and All Star Events for Winterfest 2019
EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Services are those contained in the Proposal dated August 23, 2019, attached'
hereto and incorporated herein by reference.
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Professional Services Agreement between the Village of Key Biscayne and All Star Even Is for Win wriest 2019
Contract Page Page 1 of'5
Exhibit A
ALLSTA'R EVE\TS
THE BEST IN QUALITY ENTERTAINMENT
All Star Events
14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014
Phone: 3056230058
Fax: (305) 558-4724
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH/DAVID CARRENO
Event Location
COMMUNITY CENTER
10 VILLAGE GREENWAY
KEY BISCAYNE, FL 33149
Cell: (786) 255-6771 Home: (786) 501-1732 Office: (305)
365-8900
Invoice: 5626133
Order Date: 8/23/2019
Sales Rep: Andrea Friedman
Original Invoice #: 52344
PO #:
Start Date: Sat, Dec 7, 2019 6:00pm
End Date: Sun, Dec 8, 2019 10:00pm
Delivery method: Fully Staffed
Name
Qty
Total
rra ..
).iltRc Amazon ZipLine
f.
Amason
1
$4,500.00
jock Frog Hopper
1
$2,990.00
Tow Behind Generator
1
$0.00
{TA
Fiberglass Fair Slide
1
$2,990.00
State Inspection - NK - Weekday
1
$195.00
ST ..
1. ' , Dixie Flyer
R11:
1
$2,190.00
State Inspection - NK - Weekday
1
$195.00
WM
.'_,. - Mickey Adventure Playcenter
1
$1,000.00
Generator
5
$475.00
Contract Page Page 2 of 5
Exhibit A
Rentals subtotal $14,535.00
Staffing $0.00
Delivery $0.00
Fees $0.00
Sales Tax ExerO po $0.00
Total $14,535.00
Deposit Due
Amount Paid
Balance Due
EVENT CONTACT.NAME:TODD HOFFERBERTH
EVENT CONTACT PHONE NUMBER:(786).255-6771
$7,267.50
$0.00
$14;535.00
SITE CHECK REQUIRED?: YES
EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify)
PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.)
SPECIAL DRIVING DIRECTIONS:
TYPE OF ACCESS: Double Gate Single Gate Other(Please Specify)
PLEASE SPECIFY ACCESSIBILITY CF ELECTRICAL SOURCE:
PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable):
CONFIRM WATER IS WITHIN 100FT:
LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS:
DOES IT REQUIRE A STATE INSPECTION:
"fair slides, flyer, wrecking ball or shockwave, OR 4 or more mechanical kiddie rides- also include
late fee if event is within 14 days) Can sign privateaffidavit if meets requirements.
PREFERRED SET UP TIME:. Make sure to add early set up fee if required
Details for State Inspection.- NK - Weekday:
*lair slides, flyer, wrecking ball, swings, or shockwave, OR 4'or more mechanical kiddie rides
require state inspection. Late fee required if within 14 days of event. Can sign private affidavit if
meets requirements.
Details for State Inspection NK - Weekday: •
"fair slides, flyer, wrecking ball, swings, or shockwave, OR 4 or more mechanical kiddie rides
require state inspection. Late fee required if within 14 days of event. Can sign private affidavit If
meets requirements.
Please note that Is the responsibility of the client to review the event datefs). start and end
times. event! location details. and,equlnment andl or services requested above for
accuracy:
THANK YOU FOR YOUR BUSINESSI
It is the Customer's responsibility to thoroughly familiarize themselves with ASE's Terms and
Conditions.
All Star Events Contract Terms and Conditions
PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (305) 558-
4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON-REFUNDABLE DEPOSIT TO
CONFIRM EVENT. BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS' IF IT ISA
MULTIPLE DAY EVENT, BALANCE IS DUE ON THE FIRST DAY BEFORE EVENT STARTS.
THANK YOU FOR YOUR BUSINESSI
Contract Page Page 3 of 5
Exhibit A
" If you are booking solely performers, shows, tables,chairs, etc., balance must be paid in
full prior to date of event If you are booking within seven (7) days of your event date, you
must pay your balance in full.
Bysigning below I acknowledge and accept all of the provisions set forth in this contract, the
terms and conditions included and the participant agreement and release & assumption of risk.
No oral modifications will be considered unless reduced to writing and signed by all parties.
Please note that it is the responsibility of the client to review the contract in its entirety for
accuracy, including but not limited to: event date(s), start & end times, equipment and/or services
requested.
PAYMENTS
A NON REFUNDABLEDEPOSIT of 7,267.50 In the form of check, credit card (electronically), or money
order to:
ALL STAR EVENTS, INC.
Saba! Square, Bldg. # 33
14475 NW 60TH AVENUE
MIAMI LAKES. FL 33014
The balance will be payable in full on the day of event by cash, check, credit card (if deposit was paid by credit
card — using same card) or money orderupon delivery before event starts. If it a multiple day event, balance is
due on the first day before event starts. If the balance is not paid prior to the start of the event, ASE reserves the
right to usa,the credit card on file that was used to pay the deposit, to pay the, remaining balance. There will be
335.00 service charge for any.relumed checks.
ALL EVENTS TOTALING 36,000.00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT.
All monies paid are non-refundable.
In the event of ASE not being able to fulfill any portion of this contract, equipment malfunction, etc., monies are not
reimbursed, credit towards a future event Is held on account for customer to use within the following six (6) months
from the date of,original event date.
In the event of an overpayment, if payment was made with acredit card. refunds are made via company check
within a seven (7) day period.
CANCELLATION POLICY
Cancellations, due to inclement weather, or any other cause, must be made by 4 PM the day before the event,
regardless of time of event. Cancellations may be made by calling the main office at (305) 823-0056. ONCE THE •
EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL IS DUE, RAIN OR SHINE. In the event of an approved
cancellation, all monies paid will be kept onrecord and can be applied to any future booking within6 months from
the contracted event date; but It will not be refunded. The deposit is non -transferable without prior authorization.
Monies kept on file longer than 6 months will be forfeited. •
GENERAL
ASE reserves the right to swap equipment for a comparable unit or upgrade at its discretion.
ASE will consider, and whenever possible, honor special requests, i.e., early set-up, at an additional fee.
ASE will provide only ONE (1) 100 -ft hose for each water product rented. It is the customer's responsibility to
provide additional hose(s).if water source Is located farther than 100 -ft from set=up location.
Absolutely NO changes to the contract can be made directly with field staff. Customer MUST contact the office.
If your event set-up is completed early, it is ASE. discretion as to whether we can begin your event early.
If your event will take place in a park, it Is the customer's responsibility to obtain permission for special activities
such as; water products, music, etc.
Contract rage - rage 4 OI
Exhibit A
When booking large items, it'is the customer's responsibility to ensure that they will have sufficient spacing and
entrance to accommodate the unit(s) that they have ordered: If a customer is unsure of their spacing, ASE will be
happy to conduct a'site check' in order to avoid a problem or delay on the day of.event. If customer does not
secure proper spacing, ASE is NOT responsible and full payment will be due with no discount.
ASE reserves,the right to shutdown equipment if it deems that weather conditions are dangerous to the. operation
of the equipment and to those using same.
ASE is not responsible for electrical pipes, sprinklers or any water pipes damaged during the setup, takedown or
use of our equipment on customer's properly.
Our attendants do their best to assistin collecting your event tickets and observing your event wrist bands;
however, we suggest that if you really want to be strict on this, please provide a volunteer. ASE will not held
accountable for lost revenue due to this process.
Any problems, issues, complaints, injuries, etc., should be reported to the manager on -site at your event PRIOR to
the event ending and our team leaving the venue so that they can be duly noted and documented.
UNATTENDED EQUIPMENT
Lessee expressly agrees & promises to accept & assume all of the risk existing in the activity, lessee agrees to
supervise all activity & proper use at all times. Lessee agrees to release, forever discharge & hold harmless for
any injuries, damages, or claims that result from lessee's negligence. Lessee is responsible for equipment being.
retumed in working. condition..
PARTICIPANT` AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of All Star Events Inc, their agents, owners, officers, volunteers, participants,
employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred
to as "ASE"), I hereby agree to release, Indemnify, and discharge ASE, on behalf of myself, my spouse, my
children, my parents, my heirs, assigns, personal representative and estate as follows:
1. 1.1 acknowledge that my participation in sumo suit, Inflatable games, amusement devices, amusement rides,
zip line, climbing walls, corn mazes, water ball or any other amusement activities entails known and
unanticipated risks that could result In physical or emotional injury, paralysis, death, or damage to myself, to.
property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the
essentialqualities of the activity.
The risks include, among other things:. slips and falls; collision with people or other objects; the hazards of
walking on uneven terrain and slips and falls; being jolted, jarred, bounced, thrown about and otherwise shaken
during rides; rope burns; pinches, scrapes,twists and joltsthat could result in scratches, bruises, sprains,
lacerations, fractures, concussions, or even more severe life threatening hazards; the use of ropes, hamesses;
and other equipment; the forces of nature, Including lightning and rapid weather changes; the risk of falling from
significant heights, exposure to temperature and weather extremes which could cause hypothermia, hyperthermia
(heat related illnesses), heat exhaustion, sunburn, dehydration; cardiac related events or illness;' drowning;
colliding with others; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back
injuries; cuts, abrasions, and bruises; cardiac related illness; drowning; equipment failure or operator error;
condition of the track; the negligence of participants, or other persons who may be present; my own physical
condition, and the physical exertion associated with this activity.
Furthermore, ASE employees have difficult to perform. They seek safety, but they are not infallible. They
,might be unaware of a participant's fitness or abilities. They may give incomplete warnings.or instructions, and the
equipment being used might malfunction.
1. 2.1 expressly agree and promise to accept and assume all of the risks existing in this activity. My participation
in this activity is purely voluntary, and,1 elect to participate in spite of the risks.
1. 3.1 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASE from any
and all claims, demands, or causes of action. which are in any way connected with my participation in this
Contract Page rage J or
Exhibit A
edivity or my use of ASE's equipment or facilities, Including any such claims which allege negligent acts
or omissions of ASE. -
4. Should ASE or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this
agreement, I.agree to indemnify and hold them harmless for all such fees and costs.
1. 5.1 certify that I have adequate insurance to cover any injury or damage I may cause or suffer while
participating, or else I agree to bear the costs of such injury or damage myself. 1 further certify. that I am willing to assume the risk of any medical or physical condition I may have.
1. 6.In the event thatI file alawsuit against ASE, I,agree to do so solely In the state of Florida, and I further
agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules
of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining
document shall remain in full force and effect.
By signing this. document I acknowledge that If anyone Is hurt or property is damaged during my
participation in this activity. I may be found by a court of few to have waived my right to maintain a lawsuit
against ASE on the basis of any claim from which f have released them herein. 1 have had sufficient
opportunity to read this entire document. 1 have read and understood it and agree to be bound by its
terms.
I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT.
Signature Date
Phone number,
Printed Name
Contract Page I'atze I of D
Exhibit A
ALLSTAREVE
\TS
THE BEST IN QUALITY ENTERTAINMENT
All Star Events
14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014
Phone: 3056230058
Fax: (305) 558-4724
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH/DAVID CARRENO
Event Location
COMMUNITY CENTER
10 VILLAGE GREENWAY
KEY BISCAYNE, FL 33149
Cell: (786) 255-6771 Home: (786) 501-1732 Office: (305)
365-8900
Name
Qty
Total
liFace
To Face Climbing Wall
1
$1,990.00
Liability Waiver Form - GUEST
1
$0.00
Mai
,: .'.
auwcEiz
4 Station Bungee
1
$2,990.00
Generator
2
$200.00
Invoice: 5626099
Order Date: 8/23/2019
Sales Rep: Andrea Friedman
Original Invoice #: 52213
PO #:
Start Date: Sat, Dec 7, 2019 6:00pm
End Date: Sun, Dec 8, 2019 10:00pm
Delivery method: Fully Staffed
Rentals subtotal
Staffing
Delivery
Fees
Sales Tax
Total
Deposit Due
Amount Paid
Balance Due
EVENT CONTACT NAME:TODD HOFFERBERTH
EVENT CONTACT PHONE NUMBER:(786) 255-6771
Exempt
$5,180.00
$0.00
$50.00
$0.00
$0.00
$4,729.20
$2,364.60
$0.00
$4,729.20
SITE CHECK REQUIRED?: YES
EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify)
PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.)
Contract Page Page 2 of 5
Exhibit A
SPECIAL DRIVING DIRECTIONS:
TYPE OF ACCESS: Double Gate Single Gate Other(Please Specify)
PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL. SOURCE:
PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable):
CONFIRM WATER IS WITHIN 100FT:
LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS:
DOES IT REQUIRE A STATE INSPECTION:
"fair slides, flyer, wrecking ball or shockwave, OR 4 or more mechanical kiddie rides- also include
late fee if event is within 14 days! Can sign private affidavit if meets requirements.
PREFERRED SET UP TIME: Make sure to add early set up fee if required
Please note that isthe responsibility of the client to review the event date's): start and end
times. event/ location details. and equipment and/ or services requested above for
accuracy, -
THANK YOU FOR YOUR BUSINESSI
1t is the Customer's responsibility to thoroughly familiarize themselves with ASE's Terms and
Conditions.
All Star Events Contract Terms and Conditions
PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (305) 558-
4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON-REFUNDABLE DEPOSIT TO
CONFIRM EVENT. BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS.* IF IT IS A
MULTIPLE DAY EVENT, BALANCE IS. DUE ON THE FIRST DAY BEFORE EVENT STARTS.
THANK YOU FOR YOUR BUSINESS)
• If you are booking solely performers, shows, tables, chairs, etc., balance must be paid In
full prior to date of event. 1f you are booking within seven (7) days of your event date, you
must pay your balance in full.
By signing below I acknowledge and accept all of the provisions set forth in this contract, the
terms and conditions included and the participant agreement and release & assumption of risk.
No oral modifications will be considered unless reduced to writing and signed by all parties.
Please note that it is the responsibility of the client to review the contract in its entirety for
accuracy, including but not limited to: event date(s), start & end times, equipment and/or services
requested.
PAYMENTS
A NON REFUNDABLE DEPOSIT of 2,364.60 In the form of check, credit card (electronically), or money
order to:
ALL STAR EVENTS, INC.
Sabel Square, Bldg. # 33
14475 NW 80Th AVENUE
MIAMI LAKES,,FL 33014
The balance will be payable In full on the day of event by cash, check, credit card (if deposit was paid by credit
card — using same card) or money order upon delivery before event starts. If it is a multiple day event. balance is
due on the first day before event starts. If the balance Is not pald prior to the start of the event, ASE reserves the
right to use the credit card on file that was used to pay the deposit, to pay'the.remaining balance. There will be
$35.00 service charge for any returned checks.
ALL EVENTS TOTALING 65,000.00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT.
Contract Page Page 3 ot'5'
ExhibitA
All monies paid are non-refundable.
In the event of ASE not being able to fulfill any portion of this contract, equipment malfunction. etc., monies are not
reimbursed, credit towards a'future event Is held on account for customer to use within the following six (6) months
from the date of original event date.
In the event of an overpayment, If payment was made with a credit card, refunds are made via company check
within a seven (7) day period.
CANCELLATION POLICY
Cancellations, due to inclement weather, or any cause, must be made by 4 PM the day before the event,
regardless of time of event. Cancellations may be made by calling the main office at (305) 623-0058. ONCE THE
EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL IS DUE, RAIN OR SHINE. In the event of an approved
cancellation, all monies paid will be kept on record and can be applied to any future booking within 6 months from
the contracted event date, but it will not be refunded. The deposit is non-transferablewithout prior authorization.
Monies kept on file longer than 6 months wilt be forfeited.,
GENERAL
ASE reserves the right to swap equipment for a comparable unit or upgrade at its discretion.
ASE will consider, and whenever possible, honor special requests, i.e., early set-up, at an additional fee.
ASE will provide only ONE (1) 100 -ft hose for each water productrented. It Is the customer's responsibility to
provide additional hose(s) If water source is located farther than 100 -ft from, set-up location.
Absolutely NO changes to the contract can be made directly with field staff. Customer MUST contact the office.
If your event set-up is completed early; It Is ASE discretion as to whether we can begin your event early.
If your event will take place in a park, it is the customer's responsibility to obtain permission for special activities
such as; water products, music, etc.
When booking large items, it Is the customer's responsibility to ensure that they will have sufficient spacing and
entrance to accommodate the unit(s) that they have. ordered. If a customer is unsure of their spacing, ASE will be
happy to conduct a 'site check' In order to avoid a problem or delay on the day of event. If customer does not
secure proper sparing, ASE is NOT responsible and full payment will be due with no discount.
ASE reserves the right to shut down equipment if it deems that weather conditions are dangerous to the operation
of the equipment and to those using same.
ASE is notresponsible for electrical pipes. sprinklers or any water pipes damaged dudng the setup, takedown or
use of our equipment on customer's property.
Our attendants do their best to assist in collecting, your event tickets and observing your event wrist bands;
however, we suggest that If you really want to be strict on this, please provide a volunteer. ASE will not be held
accountable for lost revenue due to thls process.
Any problems, issues, complaints, injuries, etc., should be reported to the manager on -site at your event PRIOR to
the event ending and our team leaving the venue so that they can be duly noted and documented.
UNATTENDED' EQUIPMENT
Lessee expressly agrees & promises to accept & assume all of the risk existing in the activity, lessee agrees to
supervise all activity & proper use at all times. Lessee agrees to release,. forever discharge & hold harmless for
any injuries, damages, or claims that result from lessee's negligence. Lessee is responsible, for equipment being
returned In working condition.
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK.
Contract Page rage 4 01 a
Exhibit A
In consideration of the services of All Star Events Inc, their agents, owners, officers, volunteers, participants.
employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred
to as "ASE"). I hereby agree to release, indemnify, and discharge ASE, on behalf of myself, my spouse, my •
children, my parents, my heirs, assigns, personal representative and estate as follows:
1. 1.1 acknowledge that my participation in sumo suit, inflatable games, amusement devices, amusementrides,
zip line, climbing walls, corn mazes, water ball or any other amusement activities entails known and
unanticipated risks that Could result in physical or emotional injury, paralysis, death, or damage to myself, to
property, or to third parties. 1 understand that such risks simply cannot be eliminated without jeopardizing the
essential qualities of the activity.
The risks Include, among other things: slips and falls; collision with people or other objects; the hazards of
walking on uneven terrain and slips and falls; being jolted, jarred, bounced, thrown about and otherwise shaken
during rides; rope burns; pinches, scrapes, twists and lolls that could result in scratches, bruises, sprains,
lacerations, fractures, concussions, or even more severe life threatening hazards; the use of ropes, harnesses,
and other equipment; the forces of nature, including lightning and rapid weather changes the risk of falling from
significant heights, exposure to temperature and weather extremes which could cause hypothermia, hypethermia
(heat related illnesses), heat exhaustion, sunbum, dehydration; cardiac related events or illness; drowning;
colliding with others; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back
injuries; cuts, abrasions, and bruises; cardiac related illness; drowning; equipmentfailure or operator error;
condition of the track; the negligence of participants, or other persons who may be present; my own physical
condition, and the physical exertion associated with this activity.
Furthermore, ASE employees have difficult jobs to perform. They seek safety, but they are not infallible. They '
might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the
equipment being used might malfunction.
1. 2.1 expressly agree and promise to accept and assume all of the risks existing in this activity. My participation
In this activity is purely voluntary, and I electto participate in spite of the risks.
1. 3.1 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASE from any
and all claims, demands, or causes of action, which are in any way conneded with my participation In this
activity or my use of ASE's equipment or facilities, Including any such claims which allege negligent acts
or omissions of ASE.
4. Should ASE or anyone acting on their behalf, be required to incur attomey's fees and •costs ,to enforce this
agreement, l agree to indemnify and hold them harmless for all such fees and costs.
1. 5.1 certify that I have adequate insurance to cover any injury or damage I may cause or suffer while
participating, or else 1 agree to bear the costs of such injury or damage myself. 1 further certify that 1 am willing
to assume the risk of any medical or physical condition I may have.
1. 6.In the event that 1 file a lawsuit against ASE, I agree to do so solely in the state of Florida, and, I further
agree that the substantive law of that state shall apply In that action without regard to the conflict of law rules
of that state. 1 agree that if any portion of this agreement is found to be void or unenforceable, the remaining
document shall remain In full force and effect.
By signing this document, I acknowledge: that if anyone is hurt or property is damaged during my
participation In this activity, I may be found by a court of few to have waived my right to maintain a lawsuit
against ASE on the basis of any claim from which 1 have released them herein. 1 have had sufficient
opportunity to read this entire document 1 have read and understood it, ands agree to be bound by its
terms.
Contract rage rage a or a
Exhibit
I HAVE READ THIS CONTRACT AND AGREE ,& UNDERSTAND THE CONTENT.
Signature Date
Phone number:
Printed Name
Contract Page t'age l of
Exhibit A
ALLSTAR EVE\TS
THE BEST IN QUALITY ENTERTAINMENT
All Star Events
14475 NW 60th Avenue Bldg #33 Miami Lakes, FL, 33014
Phone: 3056230058
Fax: (305) 558-4724
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH/DAVID CARRENO
Event Location
COMMUNITY CENTER
10 VILLAGE GREENWAY
KEY BISCAYNE, FL 33149
Cell: (786) 255-6771 Home: (786) 501-1732 Office: (305)
365-8900
Invoice: 5558281
Order Date: 8/23/2019
Sales Rep: Andrea Friedman
Original invoice #: 52211
PO #:
Start Date: Sun, Dec 8, 2019 4:30pm
End Date: Sun, Dec 8, 2019 6:30pm
Delivery method: Fully Staffed
Name
Qty
Total
Santa- Authentic Beard
Rentals subtotal
Staffing
Delivery
Fees
Sales Tax
Total
Deposit Due
Amount Paid
Balance Due
EVENT CONTACT NAME:TODD HOFFERBERTH
EVENT CONTACT PHONE NUMBER:(786) 255-6771
1
Exempt
$1,120.00
$1,120.00
$0.00
$0.00
$32.40
$0.00
$1,152.40
$576.20
$0.00
$1,152.40
SITE CHECK REQUIRED?: YES
EQUIPMENT TO BE SET UP ON: Grass Concrete Inside Other(please specify)
PLACE OF EVENT: Specify where the event will take place (front yard, specific ballroom, etc.)
SPECIAL DRIVING DIRECTIONS:
TYPE OF ACCESS: Double Gate Single Gate Other(Please Specify)
PLEASE SPECIFY ACCESSIBILITY OF ELECTRICAL SOURCE:
PLEASE SPECIFY ACCESSIBILITY OF WATER SOURCE (if applicable):
CONFIRM WATER IS WITHIN 100FT:
LIST ANY ADDITIONAL SETUP SPECIAL REQUIREMENTS:
DOES IT REQUIRE A STATE INSPECTION:
**fair slides, flyer, wrecking ball or shockwave, OR 4 or more mechanical kiddie rides- also include
late fee if event is within 14 days! Can sign private affidavit if meets requirements.
Contract Page
Exhibit A
Page 2 of 5
PREFERRED SET UP TIME: Make sure to add earlyset up fee if required
Details for Santa -Authentic Beard:
Must pay, 50% Non-refundable deposit on Santa bookings. There is a cancellation fee of 50%.
Must cancel 24 hours prior to date of event.
Please note that Is responsibility of the client to review the event date(s), start and end
times;: event/ locationdetails,and equipment and/ services reauested above for
accuracy..
THANK YOU FOR YOUR BUSINESS!
It is the Customer's responsibility to thoroughly familiarize themselves with ASE's Tem►s and
Conditions.
All Star Events Contract Terms and Conditions
PLEASE SIGN AND RETURN THE CONTRACT ELECTRONICALLY OR FAX TO (306) 558-
4724 WITHIN 48 HOURS ALONG WITH REQUIRED NON-REFUNDABLE DEPOSIT TO
CONFIRM EVENT. BALANCE IS DUE UPON DELIVERY BEFORE EVENT STARTS' IF IT IS A
MULTIPLE DAY EVENT, BALANCE IS DUE ON THE FIRST DAY BEFORE EVENT STARTS.
THANK YOU FOR YOUR BUSINESS!
If you are booking solely performers, shows, tables, chairs, etc., balance must be paid in
full prior to date of event. If you are booking within seven (7) days of your event date, you
must pay your balance In full.
By signing below I acknowledge and accept all of the provisions set forth in this contract, the
terms and conditions included and the participant agreement and release & assumption of risk.
No oral modifications will be considered unless reduced to writing and signed by all parties.
Please note that it is the responsibility of the client to review the contract in its entirety for
accuracy, including but not limited to: event date(s), start & end times, equipment and/or services
requested.
PAYMENTS
A NON REFUNDABLE DEPOSIT of 576.20 in the form of check, credit card (electronically), or money order
to:
ALL STAR EVENTS, INC.
Sabel Square, Bldg. # 33
14475 NW 60TH AVENUE
MIAMI LAKES, FL 33014
The balance will be payable in full on the day of event by cash: check, credit card (if deposit was paid by credit
card — using same card) or money order upon delivery before event starts. If it is a multiple day event, balance Is
due on the first day before event starts. If the balance is not paid prior to the start of the event, ASE reserves the
right to use the credit card on tile that was used to pay the deposit, to pay the remaining balance. There will be
$35.00 service charge for any retumed checks.
ALL EVENTS TOTALING $5,000.00 OR MORE MUST BE PAID IN FULL BEFORE THE DAY OF EVENT.
All monies paid are non-refundable.
In the event of ASE not being able to fulfill any portion of thls contract, equipment malfunction, etc., monies are not
reimbursed, credit towards afuture event is held on accountfor customer to use within the following six (6) months
from the date of original event date.
In the event of an overpayment, if payment was made with.a credit card. refunds are made via company check
Contract Page Page 3 of 5
Exhibit A
within a seven (7) day period.
CANCELLATION POLICY
Cancellations, due to inclement weather, or any other cause, must be made by 4 PM the day before the event,
regardless of time .o of event. Cancellations may be made by calling the main office at (305) 623-0058. ONCE THE
EQUIPMENT IS AT THE EVENT, PAYMENT IN FULL 15 DUE, RAIN OR SHINE. In the event of an approved
cancellation, all monies paid will be kept on record and can be applied toany future booking within 6 months from
the contracted event date, but it will not be refunded. The deposit is non -transferable without prior authorization.
Monies kept on file longer than 6.months will be forfeited.
GENERAL
ASE reserveslhe right to swap equipment for a comparable unit or upgrade at its discretion.
ASE will consider, and whenever possible, honor special requests, i.e., early set-up, at an additional fee.
ASE will provide only ONE (1) 100 -ft hose for each water product rented. It is the customers responsibility to
provide additional hose(s) if water source is located farther than 100 -ft from set-up location.
Absolutely NO changes to the contract can be made directly with field staff. Customer MUST contact the office.
If your event set-up is completed early, it Is ASE discretion as to whether we can begin your event early.
If your event will take place in a park, it is the customer's responsibility to obtain permission for special activities
such as; water products, music, etc.
When booking large items, it is the customer's responsibility to ensure that they will have sufficient spacing and.
entrance to accommodate the unit(s) that they have ordered. If a customer is unsure of their sparing, ASE will be
happy to conduct .a'site check' in order to avoid a problem or delay on the day of event. If customer does not
secure proper spacing, ASE is NOT responsible and full payment wilt be due with no discount.
ASE reserves the right to shut down equipment if it deems that weather conditions are dangerous to the operation
of the equipment end to those using same.
ASE Is not responsible for electrical pipes, sprinklers or any water pipes damaged during the setup, takedown or
use of our equipment on customer's property.
Our attendants do their best to assist in collecting your event tickets and observing your event wrist bands;
however, we suggest that if you really want to be strict on this, please provide a volunteer. ASE will not be held
accountable for lost revenue due to this process.
Any problems, issues, complaints, injuries, etc., should be reported to the manager on -site at your event PRIOR to
the event ending and our team leaving the venue so that they can be duly noted and documented.
UNATTENDED EQUIPMENT
Lessee expressly agrees & promises to accept 8 assume ell of the risk existing in the activity, lessee agrees to
supervise all activity & proper use at all times. Lessee agrees to release, forever discharge & hold harmless for
any injuries, damages, or claims that result from lessee's negligence. Lessee is responsible for equipment being
returned in working condition.
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of All Star Events Inc, their agents, owners, officers, volunteers, partidpants,
employees, and all other persons or entities acting In any capacity on their behalf (hereinafter collectively referred
to as "ASE"), I hereby agree to release, indemnify, and discharge ASE, on behalf of myself, my spouse, my
children,my parents, my heirs, assigns, personal representative and estate as follows:
1. 1.1 acknowledge that my participation In sumo suit, inflatable games, amusement devices, amusement rides,
zip line, climbing wags, cam mazes, water ball or any other amusement activities entails known and
unanticipated risks that could result In physical or emotional injury. paralysis. death, or damage to myself, to
Contract Page
Exhibit A
rage Ifor3
property; or to third parties. 1 understand that such risks simply cannot be eliminated without jeopardizing the
essential qualities of the activity.
The risks include, among other things: slips and falls; collision with people or other objects; the hazards of -
walking on uneven terrain and slips and falls; being jolted, jarred, bounced, thrown about and otherwise shaken
during rides; rope bums; pinches, scrapes, twists and jolts that could result In scratches, bruises, sprains,
lacerations, fractures, concussions,, or even more severe life threatening hazards; the use of ropes, harnesses,
and other equipment; the forces of nature, Including, lightning and rapid weather changes; the risk of falling from.
significant heights, exposure to temperature and weather extremes which, could cause hypothermia, hypothermia
(heat related illnesses), heat exhaustion, sunbum, dehydration; cardiac related events or illness; drowning;
colliding with others; strains, sprains, broken bones and musculoskeletarinjuries including head, neck, and back
injuries; cuts, abrasions, and bruises; cardiac related illness; drowning; equipment failure or operatorerror;
condition of the track; the negligence of participants, or other persons who may be present; my own physical
condition, and the physical exertion associated with this activity.
Furthermore, ASE employees have difficult jobs to perform. They seek safety, but they are not infallible. They .
might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the.
equipment being used might malfunction.
1. 2.1 expressly agree and promise to accept and assume all of the risks existing in this activity. My participation
in this activity is purely voluntary. and I elect to participate in spite of the risks.
1. 3.1 hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASE from any
and all claims„demands, or causes of action, which are in any way connected with my participation in this
edivity or my use of ASE's equipment or facilities, including any ouch claims which allege negligent acts
or omissions of ASE.
4. Should ASE or anyone acting on their behalf, be required to incur attomey's fees and costs to enforce this
agreement, I agree to Indemnify and hold, them harmless for all such fees and costs.
t 5.1 certify that I have adequate insurance to cover any injury or damage I may cause or suffer while•
participating, or else I agree to bear the costs of such Injury or damage -myself. I furthercertify that I am willing
to assume the risk of any medical or physical condition I may have. '
1. 6.In the event that I file a lawsuit against ASE, I agree lo do so solely in the state of Florida, and I further
agree that the substantive law of that state shalt apply In that action without regard to the conflict of law rules
of that state. I agree that 'Ifany portion of this agreement Is found to be void or unenforceable, the remaining
document shall remain in full force and effect.
By signing this document, I acknowledge that 1f anyone is hurt or properly is damaged during my
participation In this activity, I may be found by a court of few to have waived my right to maintain a lawsuit
against ASE on the basis of any claim from which 1 have released them herein. 1 have had sufficient
opportunity to read this entire document !have read and understood 14 and I agree to be bound by Its
terms. ..
I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT.
Signature Date
Phone number:
contract rage
Exhibit A
rage D or
•
Printed Name