12612 DEC -4 P It 32 I - San Diego Reader

",,tract Parameters
n accesses m e available prior to setup time.
C. Any substantial changes in design Or schelc4ing may result in additional charges,
D. Client Is responsble for providing necessary power and rigging access at no cost to Showfes, Inc.
E Client is responsible for fumta g so necessary union requirement, as mandated by venue and event produart
F. Requested modifications on-siter M the event client makes modliafions to pcodudien agreement at the event
site, itwil be necessary for diems authorized agent to sign a Stow fee Ina change order
harthonstkr ; lbtng any and alt such modimtkos. Sthp Tea Inc. will use its best efforts
to accommodate to requested modflcaffons. If ShowTes, Inc. Is able to supply the services and
equipment requested, those modf5atlons will become part of, or supersede, the original production agreement
and will be added to the final billing.
G. Canceladm by client Considerable a perse Will be incurred by ShowTec. Inc upon commencement
of this contract pricing for this contract Is based an a ninlmum of 30 weeks and Includes a long-tens
discount Of 35%. Trterefare, should client cancel the event after contract signing or the schedule is
shortened to less than 30 weeks, the discounted 35% on contract amounts previously paid will be
rescinded and will become hnmeo'ately due and payable in addition to a onetime cancellation fee or $375,625.00
H. Client shall pay to Showrec, Inc. Interest at the rate of 1,5% per month on any outstanding balance
of the contract price IT payment is not made pursuant to the tams as provided In 'terms' herein.
1. AN parties to this production agreement hereby ackroaledge and agree that their mutual agreements contained
herein constitute suffldent consideration to muse this production agreement to be enforceable pursuant to
provisions of applicable contract law.
J. ShowTec. Ina shall be excused from performance If performance becomes impossible or
commercially Impractical because of.,
1. Federal, state or muniipal action, statute, ordinarce or regulation
2. Natural disasters, weather or ads of God
3. Strike or other labor stoppage. bomb threat or other trouble
0. Any oMermuse. contingency or drwmatance which materially prevents or
hinders the performance of a parry's obligations under this agreement
K. Client shall be responsible to ensue that adequate seedy Is provided for all equipment placed by
ShowTec, Ina at the venue at an times before, during and after the event and Client assumes full responsibility
for all loss or damage to equipment As a material Inducement for $hawfec, Inc, to enter into this contract
diem agrees to Indemnly and hold ShowTec, Inc. harmless from all Ic4udes. property damage, claims, losses,
judgements, attorneys fees. costs, fees and expenses arising from the Clients use of ShowTec's equipment
and the Intentional or negligent acts. errors or omisslensol their agents, guests. invitees. employees and/or
customers.
L ShowTec, Inc retains the right to take photos and video for its own promotional purposes.
M. The parties agree that the rights and responsibilities of to parties to this Agreement shall be governed by and
interpreted M aotadance with the law of the State of Caldorria to the exclusion of all choice of law rules which
might otherwise be applicable. Any legal proceeding of any nature brought by either party against the other
to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this
Agreement shall be submitted for trial, without jury. before the Superior Court of the State of Califomtt,
County of San Diego, San Diego Juddal District; or. If the Superior Court does not have Jurisdiction, then
before the United Stales District Court for the Southern District of California (San Diego Division); or neither
of such Court shall have Jurisdiction. then before any other Court sitting in San Diego County, California,
having subject matter jurisdkton. The parties consent and submit to the jatsdkdion of any such court and
agree to accept service for process outside the state of California in any matter to be submitted to any such
Court pursuant hereto, and expressly waive all fights to trial by jury regarding and such matter.
N. So tong as this agreement Is In fug force and etecl, client shag maintain broad form commercial general
liability Insurance, Including contractual liability, products liablity and completed operations. and business
eulomotive liability insurance. For the entire teem of this agreement, Client agrees to adequately Insure all
or ShwyRds equipment for damage andlor draft. and further agrees to make ShowTec an additional
insured In all such pclicy(ies).
0. ShowTec, Inc. will use its be st efforts to produce show quality that meets Cr exceeds Industry
standards. Client acknowledges that ShowTec Ina utilizes new techrcbgy and highly technical
equipment whits era subjedtoo asional malfunction. Client acixwMedges that in the event of an equipment
malfunction It woul d beextmely dlfnadl to asce Lain actual damages resulting therefrom. Client Oterefore
agrees that In to event of equipment malfunction. ShowTec, Ina's lability shall be limited to the
anal charge for the malhaiWonlng equipmentwhldt win either be credited to the client or refunded to Client
in the sole discretion of ShowTec Inc
P. In the event any suit, action arbitydon, mediation or proceedings arise from orarebased upon this agreement
the prevailing party shall be entitled to recover their reasonable attorneys fees, costs and disbersemems.
Q The parties agree to all tents and conditions contained herein
R. This agreement Is personal toJM parties and cannot be assigned or transferred vitiout the wtten consent of
both pates
is oUtAe•.senc ,thisagreement
SMowtcc. INo.
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