Loading...
HomeMy WebLinkAboutV Groove (6-19-09) (Peyton & Day Ent.)Contract for Entertainment Jeffersonville Parks Authority and Peyton and Day Entertainment On Behalf v f ~/ ry0 THIS INDENTURE WITNESSETH THAT: the Jeffersonville Park Authority (hereinafter "Authority") represents the City of Jeffersonville, Indiana and the Jeffersonville Parks Department (hereinafter "Jeffersonville"); Peyton & Da Entertainment (PDE) is a Florida company acting as agents for the ~/ ~- rp0 ~-- (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 SIJIIKQ, ~Q~ ~()OQ 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 nd Jeffersonville shall be obligated to pay the Band and PDE the sum of ~e 3 ~ . ~ 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. Page 1 of 3 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. Page 2 of 3 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 below: ~ I Ronald Groom,`F~resident Jeffersonville Park Authority Thomas Gal(igan,"M~ City of Jeffersonville. Tony Nevitt for Peyton & Day Entertainment and the Band Date: Page 3 of 3