HomeMy WebLinkAboutSpirit Over Water Productions (6-6, 6-7, 6-13 & 6-14)Contract for Entertainment
Jeffersonville Parks Authority and
Spirit Over the Water Productions (Spirit)
THIS INDENTURE WITNESSETH THAT: the Jeffersonville Park Authority
(hereinafter "Authority") represents the City of Jeffersonville, Indiana and the
Jeffersonville Parks Department (hereinafter "Jeffersonville");
Spirit Over the Water, a local production company (hereinafter "Spirit");
1. Spirit agrees that on ~ ,_~, `~ , ~3~~y it shall provide
entertainment on the Jeffersonville RiverStage located at the foot of Spring
Street in Jeffersonville, Indiana.
2. In further consideration of the promises of Spirit to be responsible for
retention of services, obtaining materials, preparatory work for RiverStage
productions and for payment of other expenses connected to
C' expenses of production, and in consideration of other
promises and expectations by both Spirit and Jeffersonville, Jeffersonville
hereby agrees to support the joint efforts and joint contract of Spirit and
Jeffersonville in the amount of up to but not exceeding 3~ ~0 ~
All costumes, props and stage materials purchased with RiverStage funds
must be inventoried and shall remain with the RiverStage at the end of the
season.
3. The Authority, Jeffersonville and Spirit agree, by executing this agreement
the Authority and Jeffersonville do not release Spirit from its liability for
failure to fulfill these duties and obligations that Spirit owes to the
Authority and Jeffersonville pursuant to this contract.
4. Spirit agrees that it shall indemnify and hold the Authority and
Jeffersonville harmless for any negligent, intentional or reckless or conduct
that Spirit may engage in at, prior to, or during said performances that may
result in Spirit being sued, being subject to a claim for injuries or damages
and/or any claims that may be made against Spirit by any and all persons,
corporations and/or entities.
5. Spirit 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 Spirit 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.
6. The Authority and Jeffersonville agree that it shall provide Spirit with sound
and lighting equipment.
7. Spirit covenants and agrees that it shall hold the Authority and
Jeffersonville harmless upon any claims that Spirit may assert against
anyone for any negligence, breach of contract and/or any other claim that
Spirit may make against anyone.
8. 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 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.
9. The parties acknowledge that they have read -and understand this
agreement and have affixed their signature hereto on the date set forth
below:
Ronald Groom, resident Jeffersonville Pare& Authority
omas Galligan, I ayor CFi"tyfif Jeffersonville
Representative of the Board
Printed Name
Date: