HomeMy WebLinkAboutWolfe Brothers (6-5-09) (Peyton & Day Entertainment)Contract for Entertainment
Jeffersonville Parks Authority and II 11
Peyton and Day Entertainment On Behalf p-~ ~~~. ~t/b ~ ~ ~~'~"he-~S
THIS INDENTURE WITNESSETH THAT: the Jeffersonville Park
Authority (hereinafter "Authority") represents the City of Jeffersonville, Indiana
and the Jeffersonville Parks Department (hereinafter "Jeffersonville");
Peyton & Day Entertainment (PDE) is a Florida company acting as
agents for the ~p ~ ~~. '~ ~ p~-~.~e~'S (hereinafter "Band");
PDE represents that it has authority to enter into this contract on behalf of
the Band and that PDE is the legal representative and agent of Band;
PDE represents that it has been given authority by the Band to enter into
the following contract for services with the Authority and Jeffersonville:
1. The Band agrees that on ~~n~ 5 , ~ OC~ it shall provide musical
entertainment on the Jeffersonville Riverstage located at the foot of Spring
Street in Jeffersonville, Indiana.
2. The Band agrees that said entertainment shall consist of two (2) sixty (60}
minute musical sets between the hours of 9:00 p.m. and 11:30 p.m. EST.
3. The Band agrees that the Authority and Jeffersonville shall be obligated to
pay the Band and PDE the sum of ~ ~ ~ ~ ~ to
be paid at the conclusion of the entertainment.
4. The Authority and City agree that PDE has fully performed its duties and
obligations upon the execution of this agreement. However, by executing
this agreement the Authority and City do not release the Band from its
liability for failure to fulfill those duties and obligations that the Band owes
to the Authority and Jeffersonville pursuant to this contract.
5. The Band agrees that it shall indemnify and hold the Authority and
Jeffersonville harmless for any negligent, intentional or reckless or
conduct that the Band may engage in at, prior to, or during said
performance that may result in the Band being sued, being subject to a
claim for injuries or damages and/or any other claims that may be made
against the Band by any and all persons, corporations and/or entities.
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6. The Band agrees to indemnify and hold The Authority and Jeffersonville its
assignees, staff, employees and any and all other parties affiliated
therewith harmless and to defend and protect them from any liability, loss,
damages, whether actual, incidental or punitive, cost or expenses including
attorney fees with regard to any action cause of action or claim of any
nature whatsoever, whether or not included within or covered by insurance
held by the Band or the Authority or Jeffersonville that may arise as a result
of or in any way related to the Authority or Jeffersonville's holding or
presenting the event that is the subject matter of this agreement. This shall
further include any and all other activities of the Authority or Jeffersonville
in or near the event venue, including without limitation, any actions, causes
of action or claims of any nature of any persons who attend, or participate
in the scheduled event or who perform any services in conjunction with this
event.
7. The parties agree that neither the Authority or Jeffersonville are
responsible for payment of monies to PDE pursuant to any agreement that
the Band may or may not have with PDE as payment for any services that
PDE may or may not have provided on behalf of the Band.
8. The Authority and Jeffersonville agree that if, for any reason, the Authority
and/or Jeffersonville cancel said event the Authority and/or Jeffersonville
shall remain liable for the full contract price owing to the Band as a result of
this agreement.
9. The Authority and Jeffersonville agree that they shall make the
Jeffersonville River Stage available to the Band at least two (2) hours prior
to the engagement for equipment set up and for one (1) hour following the
engagement for the purpose of equipment removal.
10. The parties agree that in the event of bad weather the Authority or
Jeffersonville shall notify the Band within twenty-four (24) hours of the
Authority or Jeffersonville's decision to relocate said engagement.
11. The Authority and Jeffersonville agree that it shall provide the Band with
sound and light equipment;
12. The Band covenants and agrees that it shall hold the Authority and
Jeffersonville harmless upon any claims that the Band may assert against
PDE for any negligence, breach of contract and/or any other claim that the
Band may make against PDE.
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13. The parties agree that any dispute that may arise as a result of this
contract shall be submitted to binding arbitration pursuant to the Indiana
Rules of Alternative Dispute Resolution. Moreover, the parties agree that
Clark County, Indiana shall be venue for any and all claims that may arise
out of this agreement. Furthermore, the parties agree that this arbitration
agreement shall apply to any contract claims and/or negligence claims that
may be asserted by any party as against any party hereto.
14. The parties acknowledge that they have read and understand this
agreement and have affixed their signature hereto on the date set forth
Ro~(ald ~
Jefferso
ism, President
le Park Authority
'-t
Thomas Galligan, Mayo
City of Jeffersonville
Tony Nevitt for Peyton & Day Entertainment
and the Band
Date:
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