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HomeMy WebLinkAboutContract 622336/2024 1 of 11 EVENT AGREEMENT Single Center No Fee This Event Agreement (Agreement ) is made as of October 16, 2024 Effective Date ) by and between Hulen Mall, LLC Owner City of Fort Worth Organizer WHEREAS, Owner owns the Shopping Center Shopping Center identified on Exhibit A and Organizer seeks to conduct an event in a portion of the common area of the Shopping Center as more particularly described herein; WHEREAS, the provision of a premises for the Event shall be made available to Organizer by Owner for Organizer to conduct its Event, all as further provided below and in Exhibit A. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1.TERM.The Term of this Agreement shall begin on the Effective Date and shall terminate on October 31, 2024. The Event shall be conducted during the Event Term specified on Exhibit A. 2.EVENT. During the Event Term, Organizer shall conduct the event Event described on Exhibit A in a portion of the common area (Premises Services each as more particularly described on Exhibit A. Activities conducted, materials provided or given to guests, and/or the exhibition of any displays, sets, signs, promotional campaigns, giveaways, decorations, materials, advertising collateral and/or equipment of Organizer brought on Property shall be collectively referred to herein as the Event Elements Permissible Event Elements shall be listed on Exhibit A. If on-property storage of Event Elements is approved in writing by Owner, the Premises is deemed to include the areas in which the Event Elements are stored. 3.ORGANIZER S OBLIGATIONS. A.Event Elements. Organizer agrees Event Elements expected to be at the Premises for the Event by the Delivery Date(s) specified on Exhibit A shall be delivered by such date; all Event Elements must be pre- approved by Owner in writing (email accepted) prior to display or use. B.Permits. Organizer shall procure and keep in full force and effect, at its sole cost and expense, from governmental authorities having jurisdiction over the Shopping Center, any and all licenses, permits, bonds or other authorizations necessary to conduct the Event as contemplated under this Agreement. Organizer will notify Owner immediately if Organizer fails to obtain the required permits and licenses prior to commencement of the Event. A copy of any required permits or licenses shall be provided to Owner prior to commencement of the Event and the provision of such permits or licenses to Owner is a condition precedent to any access to the Premises. C.Insurance. Organizer shall provide the insurance coverage set forth on Exhibit B attached hereto and deliver to Owner a certificate of insurance described therein prior to commencement of the Event. Notwithstanding the foregoing, Organizer may self-insure the required insurance coverage but remains liable for any portion of any claim for which insurance is required. D.Organizer shall have the sole responsibility of conducting the Event which may include the erection and installation of Event Elements authorized by Owner. Organizer shall install/deinstall the Event Elements and promptly repair, at its sole cost and expense, any damage to the Shopping Center caused by Organizer, its contractors, exhibitors, participants, or third parties on Property at the request of Organizer (collectively, Organizer Service Providers Organizer shall maintain the Event Elements and conduct the Event solely on the Premises in a clean and orderly manner that exemplifies a first-class shopping center. In no event shall Organizer, any Contractor or Organizer Service Provider or any of their employees, agents, 6/2024 2 of 11 affiliates, subcontractors or suppliers (collectively Organizer Parties ) hawk or otherwise create a nuisance in the Shopping Center. E. Removal of Event Elements. Upon the earlier of the expiration of the Event Term or termination of this Agreement, Organizer shall remove all Event Elements from the Premises, repair damage caused by such removal and peaceably yield up the Premises in good order, repair, and condition to Owner. Until Agreement. In the event Organizer does not remove all Event Elements at the expiration of the Event Term or earlier termination of this Agreement, Owner shall provide Organizer with written notice failure to remove the Event Elements from the Premises. Such written notice shall provide Organizer with one (1) day for Notice Period In the event Organizer does not remove any or all of the Event Elements within the Notice Period, Owner shall have the right, in its sole and absolute discretion, to either remove and store the Event Elements or dispose of the Event Elements at Organizer s sole cost and expense. Organizer shall have no claim against Owner for such removal, storage and/or disposal. F. Compliance With Law. Organizer agrees to perform all of its obligations under this Agreement in a professional manner and shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, codes and other governmental requirements including compliance with regulations governing prize promotions, catering, and collecting personally identifiable information. Organizer is solely responsible to produce and publish marketing collateral in compliance with all regulations and to accurately respond to all questions from the public or government agencies concerning its program. G. Acknowledgement. to the Premises are contingent upon Organizer s timely performance of Organizer s obligations under this Agreement and Organizer s failure to perform any of its obligations shall be a material breach of this Agreement. Organizer acknowledges that - Organizer takes and occupies the Premises without reliance upon any representation by Owner or any of its officers, employees, managers, agents or representatives, or any other person, concerning the Premises, promise, representation or inducement not expressly set forth in this Agreement. 4. OWNER COMMITMENTS. Owner shall review and approve in writing, in its sole discretion, all Event Elements. Owner reserves the right during the Term to reject any or all Event Elements for any reason or no reason and to curtail or regulate any or all Event Elements including without limitation sound levels thereof and Organizer Parties, at Organizer s expense. Subject to Organizer s obligations set forth in this Agreement and Premises during the Event Term in accordance with this Agreement. Organizer and each authorized Contractor shall be allowed access to, and use of, the loading dock and parking lot at reasonable times, as determined by Owner and as needed to perform Organizer s obligations under this Agreement. Owner commitments Owner Commitments Exhibit A. 5.CONTRACTORS. Organizer shall procure and manage any and all contractors and volunteers (collectively, Contractors working at Event and Organizer is fully responsible, and liable, for such Contractors. Organizer shall supply Owner with a list of all proposed Contractors at least five (5) business days prior to commencement of the Event. The list shall specify the names, addresses and type of each Contractor. Organizer agrees that only Contractors approved by Owner in writing will be permitted to enter the Premises. Organizer acknowledges and agrees that Owner shall not approve of, or permit, any such Contractor to enter the Premises, until Owner has received from each Contractor: (i) a certificate of insurance evidencing insurance coverage as set forth on Exhibit B (i must include an explicit endorsement stating that such Contractor is insured under the ); and (ii) an original of Exhibit C signed by an authorized representative of each Contractor, without 6/2024 3 of 11 modification. Any exception or modification to the foregoing requirements shall be at sole and absolute discretion. 6.INTELLECTUAL PROPERTY RIGHTS. A. Each party owns and shall retain all right, title and interest in and to its trademarks/service marks (collectively Marks ). Neither party shall, in any way during the Term or thereafter, directly or indirectly contest, or in any way challenge, any part of the other right, title or interest in such Marks. Without the prior written consent of Owner, Organizer shall not, while this Agreement is in effect or address or any picture or likeness of, or reference to, the Shopping Center in any advertising, promotional, or other materials. B. Owner may make still, digital, video and/or photographic images or recordings of the Shopping Center displayed at the Shopping Center during the Term. Owner shall have the right to use such images or recordings for purposes of promoting the Shopping Center and marketing activities at the Shopping Center. 7.REPRESENTATIONS AND WARRANTIES. A. Organizer represents and warrants that (i) the production, operation, broadcasting, advertising and promotion of the Event and the use of the Event Elements will not violate the trademark rights, copyrights, the right of privacy or publicity or constitute a libel or slander, or involve plagiarism or violate any other rights of any person or entity; (ii) it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms and there are and shall be no agreements (oral or written) which conflict with Organizer s full performance hereof; (iii) it has inspected the Premises and acknowledges that such area is safe and suitable for the Event contemplated hereunder; and (iv) the production, circulation, display, and management of any offers, prize promotions, user-generated content campaigns, advertising Promotional Elements managed by Organizer for use either on or off the Premises shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and other governmental requirements, privacy or publicity and will comply with industry standards concerning endorsement disclosure, if applicable. B. Owner represents and warrants that it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms and there are and shall be no agreements (oral or written) which confl 8.INDEMNIFICATION. party is governed by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require indemnification by Organizer in violation of Article XI, Section 7 of the Texas Constitution is invalid. 9.LIMITATION ON LIABILITY. To the extent permitted by law, Organizer hereby agrees to be solely responsible and hold Owner harmless for any loss or damage to the Event Elements and any other equipment or property of Organizer, or the Organizer Parties or injury to any of the Organizer Parties resulting from the use of the Premises, except to the extent such loss or damage is caused solely and directly by the gross negligence of Owner. Owner shall not be liable to any of the Organizer Parties for any loss or damage to any property of any Organizer Parties, including without limitation for any removal of such property by Owner during the Event Term or upon the earlier of the expiration of the Event Term or termination of this Agreement. Except as specifically provided in this Section 9, Organizer waives any claim against Owner for any damage to any property of the Organizer Parties and will obtain a similar waiver from any Contractor. 6/2024 4 of 11 No representation, guarantee, assurance or warranty is made or given by Owner that the security procedures used by Owner, if any, will be effective to prevent property loss (by theft or otherwise) or injury to Organizer, any Organizer Service Providers, any Contractor, or guests. ORGANIZER EXPRESSLY UNDERSTANDS AND AGREES THAT OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA, LOSS OF AIR TIME, OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE AGGREGATE LIABILITY OF OWNER FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO, BUT NOT TO EXCEED, ONE THOUSAND DOLLARS. 10.RELOCATION; REMOVAL. Owner has the right in its sole discretion to relocate the Premises for any reason, including but not limited to remodeling or construction, whether temporarily or permanently. In the event of such relocation, Owner shall provide Organizer with notice of the relocation and shall make reasonable efforts enter that offers comparable exposure to Organizer, as determined by Owner. During the Event Term, Owner has the right in its sole discretion to remove any or all Event Elements for any reason, including without limitation default by Organizer, or no reason. 11.TERMINATION; FAILURE TO PERFORM. A. Termination for Cause. Unless cured within ten (10) business days of the alleged breach or, if the Event Term has commenced, within one (1) day, either party may terminate this Agreement upon notice if the other party commits a material breach of this Agreement; or at any time upon written notice if the other party ceases its business operations, becomes insolvent or unable to pay its debts as they mature, makes a general assignment for the benefit of its creditors, is the subject of an appointment of a receiver or trustee for its business at the Shopping Center, or files or has filed against it proceedings under any provision of the United States Bankruptcy Code, as codified at 11 U.S.C. Sections 101, et seq. or similar law, as such may be amended from time to time. Any such notice of termination shall specify the alleged breach or cause in reasonable detail. B. Termination without Cause. Owner may terminate this Agreement immediately upon notice to Organizer at such time as Owner may elect without cause. 12.GENERAL PROVISIONS. A. Entire Agreement. This Agreement, which includes the exhibits referenced herein and attached hereto, sets forth the entire understanding and agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, representations, warranties, understandings and commitments of the parties, whether oral or written, with respect thereto. B. Assignment. This Agreement may not be assigned, in whole or in part, by the Organizer without the prior written consent of Owner. Owner may freely assign this Agreement to any affiliate or to any other assignee, provided that any such assignee (other than an affiliate) agrees in writing to fulfill all obligations of Owner under this Agreement. C. Notices. All notices, requests and approvals required under this Agreement must be in writing and Exhibit A, or to such other address as such party designates in writing. All such notices, requests and approvals will be deemed to have been given either when personally delivered or upon delivery by either registered or certified mail, 6/2024 5 of 11 postage prepaid with return receipt requested, or by a recognized commercial courier service providing proof of delivery or, in the absence of delivery, on the date of mailing. Every notice shall identify the Shopping Center to which it applies. The provisions of this Section 12C shall survive termination of this Agreement. D. Governing Law; Venue; Disputes. If either party institutes legal suit or action arising out of or related to this Agreement, the venue for such suit or action shall be the federal or state courts located in the county in which the Event is taking place. Such location shall be the exclusive venue and jurisdiction for suit or action and each party waives any objection which it may now or hereafter have to the laying of venue or exercise of jurisdiction with respect to any such suit or action. Each party irrevocably submits to the jurisdiction of the federal or state courts located in the county in which the Event is taking place. The parties agree that delivery or mailing of any process or other papers in the manner provided herein, or in such other manner as may be permitted by law, shall be valid and sufficient service thereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS LITIGATED OR HEARD IN ANY COURT. If either party institutes any action or proceeding against the other relating to this Agreement or the from the unsuccessful party. E. Reformation and Severability. If any provision or term of this Agreement shall, to any extent, be held invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall, to the extent possible, be modified in such a manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties as expressed herein, and if such a modification is not possible, that provision shall be severed from this Agreement, and in either case the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. F. Waivers; Modification; Amendment. No waiver, modification or amendment of any term or condition of this Agreement shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. The failure of a party at any time to exercise any of its rights or options under this Agreement shall not be construed to be a waiver of such rights or options or prevent such party from subsequently asserting or exercising such rights or options, nor shall it be construed, deemed or interpreted as a waiver of, or acquiescence in, any such breach or default or of any similar breach or default occurring later. H. Independent Contractor. The parties are independent contractors with respect to one another and to this Agreement and shall not be construed to be the agent of the other under any circumstances. Neither party shall make any express or implied agreements, warranties, guarantees or representations or incur any debt in the name of, or on behalf of, the other or be obligated by or have any liability under any agreement or representations made by the other that are not expressly authorized in writing. I. Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement, except for the obligation to pay, if such delay or failure is caused by a force beyond such party s control. J. Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Delivery of an executed counterpart of this Agreement by electronic mail or facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed 6/2024 6 of 11 counterpart of this Agreement electronically or by facsimile shall also deliver a manually executed counterpart of this Agreement; provided, however, the failure to deliver a manually executed counterpart shall not affect the validity, enforceability and binding effect of this Agreement. K. Anti-Bribery. In relation to the transactions under this Agreement, Organizer confirms that it has not and will not accept any compensation that may violate the applicable laws, and will not promise, offer, receive, request, or authorize any payment to be used as bribe, kickback or corrupt practice, exceeding reasonable gifts/entertainment provided in the ordinary course of business. L. Blocked Person/Debarred Contractor Status. Organizer represents and certifies that it, any of its affiliates, group companies, partners, members, and any owner of a direct or indirect interest in it: (i) are not now and have never been a Blocked Person; (ii) are not now and have never been acting directly or indirectly for any Blocked Person; (iii) have never been previously indicted for or convicted of any felony involving a crime or crimes of moral turpitude or for any applicable laws relating to terrorism of the laundering of money instruments; (iv) is not debarred from entering into contracts in the United States and that it shall ensure that all of its Contractors and Organizer Service Providers engaged in connection with the Event, to the extent practicable, shall make a representation substantially similar to this subsection; and (v) are not currently under investigation by any applicable governmental authority for alleged criminal activity. Blocked Person governmental agency as a known or suspected terrorist, terrorist organization, prohibited person or a Special Designated National and Blocked Person sanctions imposed by any governmental agency, or (c) otherwise banned or blocked pursuant to any laws that are enforced or administered by any governmental agency. M. Reporting Hotline various other interested parties to anonymously report any concerns or raise any issues free of discrimination, retaliation or harassment pertaining to (i) accounting, auditing or other financial reporting irregularities, (ii) unethical business conduct (including safety, environment, conflicts of interest, theft and fraud), or (iii) violations of applicable law. The Reporting Hotline may be accessed by telephone (toll free) at (800) 665-0831 or by the internet by submitting an anonymous report online at www.reportlineweb.com/Brookfield. The purpose of the hotline is to investigate reports for compliance with applicable laws or as otherwise deemed necessary. [Signature Page Follows] 6/2024 7 of 11 IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Agreement as of the day and year first above written. ORGANIZER:OWNER: CITY OF FORT WORTH HULEN MALL, LLC, a Delaware limited liability company By: ________________________________By: ________________________________ Authorized Signatory Name: _____________________________ Title: ______________________________ FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: _____________________________ Name: Dave Lewis Title: Deputy Director Park & Recreation Department By: _____________________________ Name: Monique Hill Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: By: _____________________________ Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A 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: Sheri Endsley Title: District Superintendent Park & Recreation Department City Secretary: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary 6/2024 8 of 11 EXHIBIT A 1. Event Details Property - Shopping Center: Hulen Mall Event Term event date/time: October 19, 2024 Contact at Shopping Center Fara Reid Premises Common Areas Contractors: TBD 2. Event Description: Fall festival, police and fire vehicles, pumpkin patch, face painting, games, vendors 3. Delivery Dates: October 19, 2024 4. Event Elements: All equipment and signage that need to be removed from the property 5. Owner Commitments: Use of Premises for Event Use of chairs and tables for merchants 6. Obligations & Services include: Manage and promote Event (including set up and clean up), obtain permissions as required by all applicable regulations Manage staff, vendors and volunteers 7. Notices To Owner: Hulen Mall, LLC 4800 South Hulen Street Fort Worth, TX Attn: General Manager Witha copy to: Brookfield Properties Retail Inc. 350 N. Orleans Street, Suite 300 Chicago, IL 60654 Attn: Legal Department - Contracts 8. Notices To Organizer: City of Fort Worth Parks and Recreation 1100 NW 18th Street Fort Worth, TX 76164 Attn: Victoria Leach 6/2024 9 of 11 EXHIBIT B INSURANCE REQUIREMENTS REQUIRED INSURANCE. Organizer and Contractor shall furnish and maintain in effect during the Term of the Agreement the following minimum insurance coverage: General Liability includes Personal & Advertising Injury Participants must sign Activity Waiver Participants must sign Activity Waiver $1,000,000 Occurrence/$1,000,000 Aggregate except the Events set forth below which shall be as follows Type of event Standard GL Occurrence / Aggregate Requirement Petting Zoos/Dances $1,000,000 / $3,000,000 Vehicle Display/Events w Alcohol $1,000,000 / $3,000,000 Vehicle Driven Events $2,000,000 / $5,000,000 Food Truck Events $2,000,000 / $5,000,000 Sampling/Specialty Markets $2,000,000 / $5,000,000 Walks/Races $2,000,000 / $5,000,000 Carnivals/Circuses $5,000,000 / $5,000,000 Concerts (> 1500 attendees) $5,000,000 / $5,000,000 Rock Climbing $5,000,000 / $5,000,000 E-cycling/Yoga/Zumba $2,000,000 / $2,000,000 Automobile Liability Compensation Liability (for Monopolistic States) Compensation Stop Gap Liability OR $1,000,000 Combined Single Limit Statutory $500,000 Each Accident $500,000 Disease, Policy Limit $500,000 Disease, Each Employee Evidence of Monopolistic State Coverage $500,000 Occurrence/Aggregate Liquor Liability, or a combination of Liquor Liability and Follow Form Umbrella Liability or Follow Form Excess Liability: (if alcohol is served) Not Less Than $5,000,000 Per Occurrence This insurance shall include, but not be limited to, coverage for liability arising from premises, operations, independent contractors, and liability assumed under an insured contract. Any Deductible or Self Insured Retention associated with this insurance in excess of $5,000 requires written consent. 6/2024 10 of 11 POLICY REQUIREMENTS. The insurance required of Organizer and Contractor shall be issued by an insurer or insurers lawfully authorized to do business in the jurisdiction in which the Event(s) is located, and maintaining an AM Best rating of at least A- VII. The General Liability Insurance, Automobile Liability Insurance, Liquor Liability insurance, and the Follow Form Umbrella Liability Insurance or Follow Form Excess Liability Insurance shall name, as Additional Insureds : Hulen Mall, LLC, Brookfield Properties Retail Inc., Brookfield Properties Retail Holding LLC, Brookfield Property Partners LP, and their respective subsidiaries, affiliates, directors, officers, employees, partners and agents. All Insurance policies required by this Agreement shall contain waivers of any and all rights of subrogation against the Additional Insureds, and the Liability Insurance policies required by this agreement shall contain either a cross-liability endorsement or separation of insureds provision, which provision shall permit the limits of liability under policies to apply separately to each Additional Insured. All Insurance policies required by this Agreement shall state that they are primary and not additional to, or contributing with, any other insurance carried by, or for the benefit of the Additional Insureds with respect to the negligence of Organizer, its employees, agents, contractors and/or subcontractors. Organizer and Contractor, for both themselves and on behalf of the Additional Insureds, shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible or self-insured retention, including any loss not covered because of the operation of such deductible or self-insured retention. Before any Event, the Shopping Centers shall be furnished valid and original certificate(s) of insurance evidencing that all required insurance coverages are in force. All insurance policies required in the Agreement shall not be allowed to be cancelled, allowed to lapse or substantially modified without thirty (30) days' prior written notice to Owner, except for non-payment of premium for which ten (10) days notice shall be provided. If applicable, in addition to the foregoing insurance requirement, Organizer shall keep in full force and effect at its sole cost and expense, a policy of insurance naming the additional insureds as listed in this exhibit for the amount indicated, per occurrence, which includes liability coverage for the sale, transfer, consumption and use of beer, wine, liquor or other intoxicants or coverage), insuring against any and all liability that may be imposed on the parties who have executed the Agreement or Additional Insureds for injuries and/or damage to persons and property arising from Organizer, or its Contractors, providing beer, wine, liquor or other intoxicants for consumption at the Shopping Center. See Section 5 for explicit endorsement statement required on COI concerning Contractors. 6/2024 11 of 11 EXHIBIT C CONTRACTOR HOLD HARMLESS AGREEMENT The undersigned, a contractor (Contractor ), engaged by City of Fort Worth (Organizer ) in connection with its event (Event ) conducted at Hulen Mall (Shopping Center ) during the Event Term specified in that certain Event Agreement Agreement effective October 16, 2024, by and between the Owner of the Shopping Center and Organizer, will indemnify, protect, defend and hold harmless Owner, the Shopping Center managing agent, if any, their parent companies, subsidiaries and affiliates, and their respective employees, officers, members, partners and directors, (Indemnified Parties ) from and against any and all claims, damages, actions, property loss, liabilities and expenses, including, without sts arising from or in connection with the acts or omissions of the Contractor Parties connection with the Event services Contractor performs. Contractor waives any claim against any and all of the Indemnified Parties for any damage to property or person while performing Event services for Organizer. Acknowledged and agreed: By: _________________________ Signature Printed Name: _________________ Date: _________________________ Entity Name, if applicable: __________________________ Title: _____________________________