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2015-103 CI-ER ONT SERVICES AGREEMENT Chace of Champions CITY OF CLERMONT AND Feit A>' 13AUcf F r"t /moo AltiV31 $A,4p SERVICES AGREEMENT The Agreement is between City of Clermont, hereinafter referred to as "City" and jolt's/ i 1/3E414r41 , whose address is 6, C W µI' 'EahA AVE cI fAPa,rr,ii 341,/ hereinafter referred to as "PERFORMER". The parties, in exchange for the mutual covenants contained herein, agree as follows 1 Services to be Provided. City has agreed to sponsor a,4i ,fit C/b2.4'1of event to occur on Fiti •Die 4f ss/ , 2015, between the hours of 1�,.. 'and •9 The event shall occur at the Clermont Arts and Recreation Center PerTormer shall p(ovide all equipment necessary to perform as contemplated herein, except for such items as listed on Exhibit"A" attached hereto and incorporated herein. All services to be provided hereunder shall be completed in accordance with acceptable professional standards and all applicable law, regulations or polices that may apply Performer agrees that City shall have absolute right to approve or disapprove at anytime, the services provided by Performer 2 Payment. City shall pay to Performer the total amount of cm /Aim OAJV ($ (p oa « ) Provided Performer is not in default of this Agreement, City shall pay Performer the amount set forth as follows. Accept as may be the result of default in his Agreement by Performer and in the event that City unilaterally cancels the event, Performer shall be entitled to retain any funds paid hereunder Provided however that Performer by accepting said payment expressly acknowledges and agrees that it waives any right to recover additional damages of any kind from City due to any default by City hereunder 3. Liability for Negligence Performer, without limitation, shall be responsible to City for any and all damages to City caused by its negligence, whether sole or concurrent, related to the performance of services furnished under this Agreement. Additionally, to the extent applicable, Performer shall provide any and all necessary workers compensation insurance as may be required by law Nothing herein shall be construed or act as a waiver of any sovereign immunity that City may enjoy. 1 I CI.ER ANT SERVICES AGREEMENT ce of Champion 4 Hold Harmless and Indemnification. Performer shall hold harmless, defend and indemnify City, its officers, employees and agents, for any and all claims or causes of action, whether actual or threatened, and any damages, including attorney fees, that may arise out of the performance by Performer, or any of its agents, employees or subcontractors, as provided herein. 5 Independent Contractor The parties agree that at all times and for all purposes within the scope of this Agreement, the relationship of Performer and City is that of an independent contractor 6. Performer Warranty Performer warrants that it has full and complete legal right to use any and all music, songs, displays, matenal, products, story lines, ideas, and any other item proprietary in nature that Performer intends to use as part of the production contemplated herein. Performer further warrants and agrees that it will timely pay all non-volunteer employees, suppliers, material man, and sub-contractors 7 Use of Video, Film, Recording and Likeness of Performer Performer grants to City the irrevocable, perpetual right, without any liability to any other person, to use Performer's name, voice and likeness (including film, video, sound recordings, photographs, pictures, portraits, drawings, caricatures and stills of the Performer) in advertising, marketing and collateral materials prepared for purposes of promotion and trade and in connection with the above event and other promotion or marketing related to the City and its facilities and events 8 Venue. The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a Court of competent jurisdiction located in Lake County, Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes herein expressed on the dates set forth below. CITY OF CLERMONT Irriagem V Eitehmee Cc easy 84,0.s r~t "s not name of individual or group) Are:fuse $41 By Darren i anager ignatur Date. 1 I 1 9115 Date: 4!/•/r 2