HomeMy WebLinkAboutContract 61802Addendum to Bronson Chadwick User Agreement Page 1 of 9
ADDENDUM TO USER AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
BRONSON CHADWICK
This Addendum to the User Agreement (“Addendum”) is entered into by and between
Bronson Chadwick (“Vendor”) and the City of Fort Worth (“City”), individually referred to as
“party” and collectively the “parties”, for an educational magic show.
The Contract documents shall include the following:
1. The User Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached User Agreement
(“Agreement”), the Parties hereby stipulate by evidence of execution of this Addendum below by
a representative of each party duly authorized to bind the parties hereto, that the parties hereby
agree that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1.Term. The Agreement shall become effective upon the signing of the Agreement
by the Library Director (“Effective Date”) and shall expire December 31, 2024 (“Expiration
Date”), unless terminated earlier in accordance with the provisions of the Agreement.
2.Compensation. Total compensation under this Agreement will not exceed four
hundred ninety-five dollars and zero cents ($495.00). City will pay Vendor in accordance with the
Prompt Payment Act (Chapter 2251 of the Texas Government Code). Vendor will not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City will not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
3.Vendor Obligations.
a. Magic Show. Vendor will provide an educational magic show entitled,
“Magic in the Library,” (“Performance”) to City at 2:00 p.m. CDT on August 7, 2024
(“Performance Date”) at Summerglen Library, 4205 Basswood Blvd, Fort Worth, unless
changed in accordance with this Addendum. Performance Date may be changed by the
written mutual agreement of the Parties and any such changes shall be subject to the terms
and conditions of this Addendum at the time of execution.
b. Timing. Vendor will perform 50 minutes for show and 20 minutes for post-
show activities. Performance will last seventy (70) minutes.Vendor agrees to arrive at
Performance site no later than thirty minutes (30) prior to start time on Performance Date. In the
event that Vendor will not be able to arrive by ten minutes (10) prior to start time on Performance
Date, Vendor agrees to contact Angela Barratt at 682-287-4305 as soon as Vendor is aware of such
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delay. If Vendor arrives after the stated program time on Performance Date and Performance
cannot take place, as determined by City in its sole discretion, Vendor acknowledges and agrees
that Vendor will not be paid anything for Performance.
c. Permissions. Vendor shall obtain all necessary consents, permissions,
licenses, and other documents from copyright owners, or others with any interest in the
Performance, at Vendor’s sole cost and expense and will indemnify and hold City harmless
from and against any and all claims, suits, threats, demands, actions, and causes of action
brought directly or indirectly by any such party.
d. Promotion. Vendor agrees to collaborate with City in promotion of
Performance by providing current photographs, biographies, and permission to use those
items in marketing materials for the term of this Addendum.
4. City Obligations.
a. Contact Point. City agrees to designate a representative to coordinate all
services to be performed pursuant to this Addendum.
b. Promotion. City shall promote Performance through various media
channels to generate public interest and encourage attendance.
5.Images. By entering into this Agreement, Vendor hereby gives its consent and
permission to City to use, display, and publicly display photographs or video captures of
Performance in perpetuity. Use includes, but is not limited to, publishing, posting on an official
web site, social media outlets or putting on television, either network or cable or at neighborhood
meetings. Vendor shall require all of its subcontractors to agree in their subcontracts to allow City
to use the Performance as included above.
6.Independent Contractor. Vendor shall operate under this Addendum as an
independent contractor and not as an officer, agent, servant, or employee of City. Vendor shall
have the exclusive right to control the details of the work, its subcontractors, and the services
performed hereunder. City shall have no right to exercise any control over or to supervise or
regulate Vendor in any way other than stated herein. The doctrine of Respondeat Superior shall
not apply as between the parties, and nothing herein shall be construed as creating a partnership or
joint enterprise between the parties.
7.Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days’ written notice of
termination.
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b. Breach. If either party commits a material breach of the Agreement, the non-
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non-breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non-breaching party may, in its sole discretion, and without prejudice to any other right
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching party.
c. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City-provided data to
City in a machine-readable format or other format deemed acceptable to City.
8.Attorneys’ Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys’ fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
9.Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
10. Dispute Resolution. To the extent the attached Agreement requires alternative
dispute resolution, including but not limited to mandatory arbitration, or the waving of a jury trial,
the City objects to these terms and any such terms are hereby deleted from the Agreement and
shall have no force or effect.
11. Force Majeure. City reserves the right to cancel the Performance without fine or
penalty due to acts of Force Majeure on or near the Performance Date. Acts of Force Majeure
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shall include, without limitation, severe weather events such as hurricanes, tornadoes, floods, ice
storms, or hail, and disasters such as fires, acts of public enemy, acts of superior governmental
authority, epidemics, pandemics, riots, rebellion, sabotage, or any similar circumstances not within
the reasonable control of either Party. Neither City nor Vendor shall be deemed in breach of this
Addendum if it is prevented from performance by Force Majeure.
12. Notices to Parties. Notices required pursuant to the provisions of this Agreement
shall be conclusively determined to have been delivered when (1) hand-delivered to the other party,
its agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
TO CITY:
Cityof Fort Worth
Attn:Library Director
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City
Attorney’s Office at same address
TO VENDOR: Bronson Chadwick
Bronson Chadwick
Performer
604 Watson Street, #A
Midland, TX 79701
13. Sovereign Immunity. Nothing herein constitutes a waiver of City’s sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity, such provisions are hereby deleted and shall have no force or effect.
14.Limitation of Liability and Indemnity. TO THE EXTENT THE
AGREEMENT, IN ANY WAY, LIMITS THE LIABILITY OF VENDOR OR REQUIRES
CITY TO INDEMNIFY OR HOLD VENDOR OR ANY THIRD PARTY HARMLESS
FROM DAMAGES OF ANY KIND OR CHARACTER, CITY OBJECTS TO THESE
TERMS AND ANY SUCH TERMS ARE HEREBY DELETED FROM THE AGREEMENT
AND SHALL HAVE NO FORCE OR EFFECT.
15. IP Indemnification. VENDOR AGREES TO INDEMNIFY, DEFEND,
SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, INCLUDING THE PAYMENT
OF ATTORNEY’S FEES, ANY CLAIM OR ACTION AGAINST THE CITY FOR
INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE MARK, SERVICE MARK,
TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT ARISING FROM
CITY'S USE OF THE DELIVERABLE(S), OR ANY PART THEREOF, IN
ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS
AGREEMENT TO INDEMNIFY, DEFEND, SETTLE OR PAY SHALL NOT APPLY IF
CITY MODIFIES OR MISUSES THE DELIVERABLE(S). SO LONG AS VENDOR
BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS
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AGAINST THE CITY PURSUANT TO THIS SECTION, VENDOR SHALL HAVE THE
RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL
NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR
COMPROMISE ANY SUCH CLAIM; HOWEVER, CITY SHALL HAVE THE RIGHT TO
FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR
LAWSUIT AS NECESSARY TO PROTECT THE CITY’S INTEREST, AND
CITY AGREES TO COOPERATE WITH VENDOR IN DOING SO. IN THE EVENT
CITY, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR
PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT
AGAINST THE CITY FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT,
THE CITY SHALL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY
SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR
COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM;
HOWEVER, VENDOR SHALL FULLY PARTICIPATE AND COOPERATE WITH THE
CITY IN DEFENSE OF SUCH CLAIM OR ACTION. CITY AGREES TO GIVE
VENDOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH
COPIES OF ALL PAPERS CITY MAY RECEIVE RELATING THERETO.
NOTWITHSTANDING THE FOREGOING, THE CITY’S ASSUMPTION OF PAYMENT
OF COSTS OR EXPENSES SHALL NOT ELIMINATE VENDOR’S DUTY TO
INDEMNIFY THE CITY UNDER THIS AGREEMENT. IF THE DELIVERABLE(S), OR
ANY PART THEREOF, IS HELD TO INFRINGE AND THE USE THEREOF IS
ENJOINED OR RESTRAINED OR, IF AS A RESULT OF A SETTLEMENT OR
COMPROMISE, SUCH USE IS MATERIALLY ADVERSELY RESTRICTED,
VENDOR SHALL, AT ITS OWN EXPENSE AND AS CITY'S SOLE REMEDY, EITHER:
(A) PROCURE FOR CITY THE RIGHT TO CONTINUE TO USE THE
DELIVERABLE(S); OR (B) MODIFY THE DELIVERABLE(S) TO MAKE THEM/IT
NON-INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT
MATERIALLY ADVERSELY AFFECT CITY'S AUTHORIZED USE OF THE
DELIVERABLE(S); OR (C) REPLACE THE DELIVERABLE(S) WITH EQUALLY
SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON-
INFRINGING DELIVERABLE(S) AT NO ADDITIONAL CHARGE TO CITY; OR (D) IF
NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY AVAILABLE TO
VENDOR, TERMINATE THIS AGREEMENT, AND REFUND ALL AMOUNTS PAID
TO VENDOR BY THE CITY, SUBSEQUENT TO WHICH TERMINATION CITY MAY
SEEK ANY AND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. VENDOR’S
OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE
COVERAGE AND AMOUNTS SET FORTH IN THIS AGREEMENT.
16. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of Cityhereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
17. Confidential Information. Vendor, for itself and its officers, agents, employees,
and representatives, agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written
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approval of the City. Vendor further agrees that it shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Vendor shall notify the City immediately if the security or
integrity of any City information has been compromised or is believed to have been compromised.
18. Public Information. Cityis a government entity under the laws of the State of Texas
and all records held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
19. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
20. Immigration and Nationality Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
21. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor’s signature provides written verification to City that Vendor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
22. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
Addendum to Bronson Chadwick User Agreement Page 7 of 9
the contract contains a written verification from the Vendor that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement. To the
extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
23. Prohibition on Discrimination Against Firearm and Ammunition Industries.
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
24. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
25. Counterparts. This Addendum may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument. A
facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as
and shall have the same effect as an original.
26. Entirety of Agreement. This Addendum and Agreement contains the entire
understanding and agreement between City and Vendor, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Addendum.
27. Signature. The person signing this Addendum hereby warrants that he or she has
the legal authority to execute this Addendum on behalf of his or her respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of
the person or entity. The other Party is fully entitled to rely on this warranty and representation in
entering into this Addendum. Should that person or entity not be authorized, the terms and
Addendum to Bronson Chadwick User Agreement Page 8 of 9
conditions of this Addendum shall be binding as against the signatore and he or she shall be subject
to the terms and conditions of this Addendum.
(signature page follows)
(remainder of this page intentionally left blank )
Addendum to Bronson Chadwick User Agreement Page 9 of 9
ACCEPTED AND AGREED:
CITY:
City of Fort Worth
By: ___________________________
Name: Midori Clark
Title: Library Director
Date: ___________________________
Approval Recommended:
By: ______________________________
Name: Michele Gorman
Title: Assistant Library Director
Attest:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: ______________________________
Name: April Jacquez
Title: Senior Contract Compliance Specialist
Approved as to Form and Legality:
By: ______________________________
Name: Andrea Phillips
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
VENDOR:
Bronson Chadwick
By:
Name: Bronson Chadwick
Title: Performer
Date: ____________________________
User Agreement
AGREEMENT, CERTIFICATION AND PARTIES By signing this document [hereinafter
referred to as "Agreement"] whether digitally through email or other electronic
submission software or signing a physical hard copy, the buyer, customer or client
[henceforth known as "The Client"] agree that the details of the date, time, location,
contact information and product of this magic show performance product service,
etc. ["Event Service"] as per outlined by the corresponding invoice (see order
number) are correct and The Client agree to all terms and conditions set forth by
Bronson Chadwick, Bronson Chadwick d/b/a Chadwick Magic and Film, or The
Wonder Store LLC [henceforth known as "The Provider."] The persons signing this
document warrants that they are authorized to represent and bind the organization,
company or group that make up The Client. The Client and The Provider agree that
any modifications to this Agreement must be done so in writing. Any further
contracts, agreements, rules, or regulations set forth by The Client will be superseded
and overridden by that of this Agreement if the clauses and stlpulations of these
further contracts, agreements, rules, or regulations conflict with that of this
Agreement.
If additional paperwork is needed by The Client such as vendor forms, tax documents,
financial information and so-on, this paperwork must be submitted to The Provider
within one business day of the signing of this document by The Client. This
Agreement transfers any verbal agreements into writing. The Client agrees that this
Agreement may be signed electronically and signed with a digital signature by signing
the first, middle initial and last name of The Client.
PAYMENTS ey signing this document digitally or otherwise The Client understands
that payment is due as dictated by the invoice sent to The Client as a separate
document. Please examine your invoice document for payment terms. Failure for The
Client to pay applicable deposit or necessary prepayment for the services/products to
be rendered will result in a cancellation of this agreement and no services will be
rendered by The Provider. Payments may be made to The Provider via cash,
corporate check, United States Postal money order, credit/debit card over the phone
or in person, ACH, PayPal transfers, Cash App transfers or Venmo transfers. THE
PROVIDER does not accept personal checks or crypto currencies as payment. The
Provider retains the right to change the method in which payments are received at
any time without prior consent of The Client. The Client should examine the invoice
for further payment instructions. Deposits and prepayments are non-refundable. Any
payments that are reversed by The Client for any reason including Event Service
cancellation, such as credit/debit card chargebacks or returned checks are subject to
a$200 USD (TWO HUNDRED US DOLLAR) fee plus the cost of any fees from the
financial institutions of The Client or The Provider. All payments are due no later than
upon conclusion of the Event Service in full.
There are no delayed payment terms to be allowed by The Provider except that
which is named in the Invoice accompanying this Agreement. Failure to pay upon
conclusion of the Event Service will result in late fees, penalHes, and legal action. The
Client understands and agrees that they must work promptly with any accounting or
accounts payable departments at their organization to ensure payment is made on
time. Late fees are appiied the following calendar day to any remaining balance due.
Late fees are $50 USD (FIFTY USD) for the first day of nonpayment of the total
principal balance and an additional $20 (TWENTY USD) for each additional day of
nonpayment of the total principal balance.
MODIFICATION AND CANCELLATION The Client may request date and/or time
changes for magic performance services or products but such changes are subject to
the availability of The Provider. If The Client chooses to cancel a magic service or
product, all remaining balance is due immediately. In the event of a cancellation The
Client may request that The Provider reschedule the event within one calendar year
of the cancelled event. In the event that The Provider is unable to provide the Event
Service for any reason including death, illness, acts of God, bereavement,
transportation failure, government interference or any other reason, then The
Provider will attempt to schedule another magician to provide similar services for The
Client thus fulfilling this agreement. If for any reason The Provider cannot provide the
Event Service to The Client, whether provided by Bronson Chadwick or another
performer, on the original date and time, then The Client will be refunded any
deposit and/or prepayment within thirty business days after the date of the
scheduled Event Service. If the Event Service is interrupted or terminated early by
The Client, or anyone at the location where the Event Service is to take place
(including members of the audience) for any reason the total balance is still due if any
balance is due prior to the start time of the Event Service.
PERFORMANCE Due to the nature of live entertainment the provider does not
guarantee that the service will be appreciated by The Client or any or all members of
the audience or event guests. The client understands that the jokes, improvisational
words, or anything else spoken, portrayed, or otherwise communicated by The
Provider may or may not be appropriate as deemed by The Client or the audience.
The Client agrees that The Provider cannot be held responsible for how The Client, or
an audience or event guests of The Client interprets or reacts to humor or other
content of the product or service including during the performance, during load-in
time, during setup time, tear-down time, or any other time that The Provider is on
the location of the scheduled Event Service. Audience members, onlookers, and
guests [henceforth "The Audience"] are solely responsible for how The Audience
interprets the concepts and themes during an Event Service of The Provider. The
Client understands that some Event Services may contain thrilling moments some
consider frightening. The Client understands that The Provider may use special
lighting, audio, smoke, or other theatrical effects which may affect photosensitive
viewers. Viewer discretion is advised for all events, including those which are
intended for children and families. If The Client or The Audience are not completely
satisfied with the Event Service of The Provider, then The Client is still obligated to
pay the total amount of the balan�e due and may not demand a refund. If The Client
is not satisfied with the product or service for any reason then The Provider may
dismiss any remainder due at the discretion of The Provider, however any complaints
must be submitted to The Provider by The Client within three business days in writing
and submitted to The Provider via Certified US Mail to our address at 604-A Watson
Street, Midland, TX 79701 USA.
CROWD CONTROL The Client understands and agrees that at no point may anyone
including audience members, event guests or others in attendance may touch the
physical equipment of The Provider including but not limited to magic tricks, scenery,
audio equipment, lighting equipment, video equipment, storage cases, curtains,
props, personal items, or anything else that belongs to THE PROVIDER. THE CLIENT
also understands and agrees that, if necessary, The Provider may use physical contact
to prevent members of The Audience or others in attendance from touching anything
that belongs to The Provider by escorting these individuals by hand or by pushing
these individuals out of the way. The Client understa�ds and agrees that The Client is
solely responsible for any and all actions or damages made by The Audience before,
during or after Event Services including load-in, setup and tear-down time, or other
product or service to any equipment of or persons affiliated with The Provider. The
Client understands and agrees that The Provider cannot be held responsible for the
actions of The Audience including that which may result in self-defense of The
Provider or any physical touch in attempt to control unruly crowds. The Provider
hereby instructs The Client to ensure that all children under the age of eighteen are
accompanied by a parent or legal guardian of at least eighteen years of age.
LOCATION The Client understands and agrees that if the location of this event is
changed to another location, then The Client is subject to paying an additional
mileage fee of $2 (two USD) per mile at the discretion of The Provider. The Client
understands and agree that magic performance services or products are to be done
indoors and that outdoor events are not conducive to quality magic performances
and services. The Client may request that the products or services produced by The
Provider be done outdoors if such request is made in writing at least ten business
days prior to the date/time of the product or service. If the product or service is to be
outdoors then The Client is responsible for any equipment damaged by outdoor
conditions including but not limited to rain, wind, hail, fire, vandalism, or theft.
VIDEO/PHOTO Permission is given to The Client and to The Audience to video record
or broadcast up to ten minutes total of the Event Service of The Provider. The
Provider may grant permission to video more than ten minutes of the performance at
the discretion of The Provider if done so verbally or in writing. There is a limit of 300
still-shot photographs that may be taken by The Client or The Audience. Audio
recordings by The Client or The Audience are not permitted except those
accompanying a video recording. The Client understands and agrees that The
Provider may also record video, audio or take photos at this performance
immediately before, after or during the Event Service, including anywhere on the
performance location property where The Provider may be working including the
exterior or interior of a residence, business, or any other location. The Client
understands and agrees that The Provider may photograph, video and/or audio
record an entire Event Service or in part of the Duration Time (see definition below)
of the product or service for security, legal or promotional reasons. The Client
understands and agrees that The Provider and any associates thereof may video
record, photograph, or take audio recordings which may contain members of The
Audience or anyone else near the performance space regardless of the age of The
Audience or other factors. If The Client is aware of anyone in The Audience who
wishes to not be on video, in photographs or audibly recorded then The Client must
notify the Provider of such restrictions in writing at least ten 6usiness days prior to
the date and time of the Event Services.
PERSONAL OR PROPERTY DAMAGE The Client understands and agrees that The
Provider and any associates thereof will not be held liable for damages to the
property of The Client or The Provider while working on a location for an Event
Service, before or after the performance, including damage to home, building,
personal property, landscaping, furniture, pets, or humans.
LAWS AND SAFETY The Client agrees that The Provider may choose whether or not to
wear a medical face mask, face shield, rubber gloves or other personal protective
equipment for the duration of the Event Service being rendered regardless of the
vaccination status of The Provider or the policy of the building, organization, or venue
where the product or service is arranged to be delivered. The Client agrees that The
Provider has the civic duty and responsibility to report to legal authoritles any actions
of The Client or The Audience that may be illegal such as but not limited to the use of
illegal drugs or suspected child abuse.
VENUE The Client agrees that they have permission to use the location or venue where
the product or service is to take place even if The Client is not the owner of the
property. This includes parks, private clubs, meeting rooms, party rooms, libraries,
amusement parks, coliseums, gymnasiums, or any other location where The Client
requests for The Provider to render services or products. The Client agrees to provide
The Provider with a performance space of approximately five feet deep or ten feet
wide which is viewable by the audience [hereinafter referred to as "The Stage"] for
performance if the product or service is to be done in a stage show format where the
audience is seated or standing looking onto a single performance space. The Stage
must be free of debris, the equipment of other performers or vendors, must have a
solid floor and be free of holes. The Client agrees to ensure that The Stage is a well-lit
area with a wall behind it where people cannot see from behind The Stage.
The Client agrees to provide The Provider with a car parking space or car parking area
within no less than two hundred feet of The Stage for the duration of the visit of The
Provider. The Client agrees to provide The Provider with electricity, running water and
a restroom for the duration of the visit of The Provider. The Client agrees that The
Stage and all preparation areas are off limits and out of reach by The Audience and
that at no point shall The Audience come closer than five feet away from The Stage
and preparation area without the express permission of The Provider. The Client is
responsible for making sure any security guards, office personnel, law enforcement
and so-on is aware of the arrival and departure of The Provider for expedient check-in
and check-out purposes. The Client also agrees to notify The Provider of any check-in
processes immediately upon booking including identification procedures, sign-in
sheets, registration forms or other processes along with the approximate amount of
time such activities are expected to be. The Client agrees to allow The Provider to use
a stage name, nickname, or other alias, as allowed by law, while The Provider is at the
venue or location. The Ciient understands and agrees that The Provider may use an
alias to protect themselves.
TRANSPORTATION AND LODGING If The Provider has negotiated transportation,
lodging or other travel amenities with The Client as part of the fee for Event Services to
be provided then these travel amenities must be safe and clean. Proof of reservation
and purchase of such amenities must be submitted to The Provider in writing at least
thirty days prior to the date and time of the Event Services.
DISPUTE RESOLUTION LITIGATION The Client and The Provider agree to use its best
efforts to resolve any disputes under this Agreement through informal means. In the
unlikely event that formal action must be taken, this agreement will be interpreted in
accordance with the laws of the state of Texas in the country of the United States of
America and the exclusive venue for any dispute arising out of this Agreement shall be
in Midland County, Texas, United States of America. The prevailing party to any
litigation shall be entitled to recover, in addition to damages, all legal costs and
responsible attorney fees as fixed by the Court, both at the trial and appellate levels,
and in any bankruptcy case and pose judgement proceedings. To the extent allowed by
law, the parties hereto waive the right to a jury trial in any action or proceeding
regarding this Agreement.
LANGUAGE It is agreed that the products or services to 6e rendered by The Provider
shall be in US English whenever spoken or written communication is necessary.
DURATION The duration of Event Services is at the sole discretion of The Provider. The
time in which The Provider is on the property or at the venue of The Client for the
product or service including setup time, packing time, tear-down time, lodging time
and performance time is referred to as "Duration Time." The Duration Time begins
when The Provider enters the property or venue and ends when The Provider leaves
the property or venue with all equipment packed and removed from the premises. The
duration of the actual runtime of Event Service performances [Runtime] is also at the
sole discretion of The Provider. The Provider will ultimately attempt to fulfill the exact
Runtime as described in the Invoice.
SECRECY The Client understands that neither they nor The Audience are entitled to the
explanation of secrets behind magic tricks, magic illusions, magic principles, theatrical
special effects, or sleight-of-hand. The Client understands and agrees that The Provider
is bound by the rules and regulations set forth by organizations such as The Society of
American Magicians, The International Brotherhood of Magicians, and the Texas
Association of Magicians. The Client understands and agrees that The Provider cannot
at any time explain the workings of magic tricks, magic illusions, magic principles,
theatrical special effects, or sleight-of-hand feats except when deemed permissible by
The Provider within reason.
RIGHT TO REFUSE The Client agrees and understands that The Provider may
terminate the show or otherwise retain the right to refuse service at any time with or
without giving a reason including but not limited to safety concerns.
Aug 6, 2024
Angela B<rratt (Aug 6, 202410:02 CDT)
Signature of The Client Date
Angela Barratt and Paul Orr
Fort Worth Public Library
500 W. 3rd Street, Fort Worth, Texas 76102
�1'Ol?,j0!? fC. CGIGfG�I�t//G�f Aug 6, 2024
Bronson K. Chadwick (Aug 6.10241LU5 CDT)
SignatureofTheProvider Date
Bronson K. Chadwick
The Provider
604 Watson Street
Suite A
Midland TX 79701