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

O actP,aram^ters,^
uustria Development. Inc
8"y: Mark Remloy
Pegex of a
9W-13i95 A ;reemeN.xtu
nt1ss respo s)ble for acquking an Permits needed.
S. Client Is responsible for having event area cleared and building accesses made available odor to setup time.
C. Any substantial changes In design or scheduling may result In additional charges.
D. Client is responsible for providing necessary power and rigging access at no cost to ShowTec, Inc
F Client Is responsible forfulnllrg all necessary union requirements as mandated by venue and event producers.
F. Requested notifications on-site: In the event dientmakes modificat ons to production agreement al the event
site, it will be necessary for c5ent'a arah'orized agent to sign a ShowTeo, Inc. change order
authorization, listing any and an such modifications. ShowTea Inc. will use its best efforts
to accommodate the requested mod7cations. If ShowTec. Ina Is able to supply the services and
equipment requested, Blase modifications will become part of, or Supersede, the original production agreement
and win be added to the One[ toning.
0. Cancelation by Sent: Considerable expense will be Incurred by ShowTec. Inc upon commencement
of this conbect. Pricing for this contract Is based on a minimum of 30 weeks and includes a long-tens
dismount of 35%. Therefore, should diem cancel the event after contract slgn(ng or the schedule Is
shortened to less than 3D weeks, the discounted 35% on contract amounts previously paid will be
rescinded and will become Immediately due and payable.
H. Client shell pay to ShowTec Inc Interest at the rate of 1.5% per month on any outstanding balance
of the contract prim if payment Is not made pursuant to the terms as provided in 'leans' herein.
1. All parties to this production agreement hereby acknowledge and agree that their mutual agreements contained
herein constitute sufficient consideration to cause this production agreement to be enforceable pursuant to
provisions of applicable contract law.
J. ShowTec, Inc. shall be excused from performance B performance becomes impossible or
commercially Impractical because of:
1. Federal, state or municipal action, stalute, ordinance or regulation
2. Natural disasters, weather or acts of God
3. Strike o other labor stoppage. bomb threat or other trouble
4. Any other muse, contingency or circumstance which materially prevents or
hinders the performance of a parry's obligations under lens agreement.
K Client shag be responsible to ensure that adequate security Is provided for all equipment placed by
ShowTec, Ina at the venue in all times, before, dung and after the event and Client assumes full responsibility
for all lass or damage to equipment. As a material Inducement for ShowTec Inc. to enter Into this contract, Client
agrees to Indemnify and hold ShowTec, Inc harmless from all injuries, property damage, claims, losses,
judgments, attorney's fees, costs, fees and expenses arising from Client's use of ShowTec'a equipment and the
Intentional or negligent eels, egos or emissions of their agents, guests. Invitees, employees end/or customers.
L. ShowTee. Ina retains the right to take photos and video for Its own promodonal purposes.
M. The panes agree that the rights and responsibilities of the parties to this Agreement shall be governed by and
Interpreted In accordance with the law of the State of California to the exclusion of all choice of law cola 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 shell be submitted for trial, Without jury. before the Superior Court of the State of Catiromia.
County of San Diego, San Diego Judicial DsMct or, Bthe Superior Court does not have jurisdiction, men
before the United States District Court for the Southard District of California (San Diego Division); or neither
of such Court shall have jurisdiction, than before any other Court sitting In San Diego County, California,
having subject matter jurisdiction. The parties cement and submit to the jurisdiction of any such court and
agree to accept service for process outside the State of Cailfomia in any matter to be submitted to any such
Court pursuant hereto, and expressly waive all rights to trial by jury regarding and such matter.
N. So long as this agreement Is In fun form and effect, client shall maintain broad farm commercial general
liability Insurance, Including contractual lability, products liability and completed operations, and business
automotive ilaMTily Insurance. For the entire term of this agreement, Client agrees to adequately Insure an
of Showier s equipment for damage and/or melt, and funkier agrees to make ShowTec an additional
Insured In all such polled les).
0. ShowTeo, Inc will use its best efforts to produce show quality that meets or exceeds Industry
standards. Client admmviedges that ShowTec. Inc- utilizes new technology and highly technical
equipment which are subject to occasional malfuncon. Client acknowledges that In the event of an equipment
malfunction it would be extremely difgMtto ascertain actual damages resulting therefrom. Client therefore
agrees that In the event of equipment malfunction, ShowTec, Inns liability that be limited to the
actual charge for the malfunctioning equipment which wit either be credited to the client or refunded to client
In the ads discretion of Showl'ec, Inc.
P. In the event any suit, action arbitration. mediation or proceedings vise from or are based upon this agreement,
the prevailing party shall be entitled to recoverthetr reasonable attorneys Fees, costs and disbursements.
Q, The panes agree to as tonne and conditions contained herein
R. This agreement Is personal to the parties and cannot be assigned or transferred wnwtfl the written consent of
both parties
S. Time is of me essence in this agreement.
ShowTec. Inc
11870 Community Rd.. Suite 250
Povay, CA 92064
858.679-9700 Fec85a.579.1525 7/27/2012 hind: _-