Event Fire Festival

EVENT FIRE FESTIVAL AGREEMENT

This Event Fire Festival Agreement (the Agreement) is entered into as of by and between:

PARTIES

WHEREAS

WHEREAS, Organizer is producing an event known as to be held at on or about ;

WHEREAS, Vendor possesses the skill, personnel, equipment and experience to provide fire performance, pyrotechnic effects, and related production services necessary for the Event and agrees to perform such services subject to the terms and conditions set forth herein.

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to Vendor's performance, payment and safety compliance for the Event.

SCOPE OF WORK

Vendor shall provide services, personnel, equipment, and materials necessary to perform fire effects, flame artistry, and any agreed pyrotechnic demonstrations at the Event. The specific services, performance times, technical requirements, setup and teardown obligations, and show run schedule are described below and constitute the Scope of Work:

PAYMENT TERMS

Compensation for all services performed under this Agreement shall be as follows. Unless otherwise stated, amounts are exclusive of applicable taxes and reimbursements for out-of-pocket expenses must be pre-approved in writing by Organizer.

Late payments shall accrue interest at the lesser of eighteen percent (18%) per annum or the maximum rate permitted by law, calculated daily from the due date until paid in full. Vendor may suspend performance for amounts overdue by more than days after providing written notice.

TERM AND TERMINATION

The term of this Agreement shall commence on and continue through unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receiving written notice. Organizer may terminate this Agreement for convenience upon providing at least days' prior written notice to Vendor; in such event Organizer shall pay Vendor for all services performed to the date of termination and reasonable, documented, non-cancellable costs incurred in reliance on this Agreement.

INSURANCE, PERMITS AND SAFETY

Vendor shall procure and maintain, at Vendor's expense, commercial general liability insurance, excess/umbrella insurance, and any specific coverage required for pyrotechnics or fire performance, naming Organizer as an additional insured to the extent reasonably requested. Vendor shall furnish certificates of insurance evidencing such coverages prior to load-in.

Vendor is responsible for obtaining all permits, approvals, and licenses required for the performance of fire effects and pyrotechnics at the Event and shall comply with all applicable fire codes, safety standards and directions of local authorities. Vendor shall designate an on-site safety officer responsible for compliance with the safety plan and emergency procedures.

CONFIDENTIALITY

Each party shall hold in confidence and not disclose to third parties any proprietary or confidential information obtained from the other party in connection with this Agreement, except as required by law or to the extent necessary to perform its obligations. Confidential information does not include information that is or becomes generally known to the public through no breach of this provision.

INDEMNIFICATION

Vendor shall indemnify, defend and hold Organizer and its officers, employees and agents harmless from and against any claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of Vendor's performance, negligence, willful misconduct, or failure to comply with legal requirements or safety obligations, except to the extent caused by Organizer's gross negligence or willful misconduct.

FORCE MAJEURE

Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, government action, labor disputes, severe weather or other events that make performance unsafe or unlawful. The affected party shall promptly notify the other and use commercially reasonable efforts to mitigate the effect of the force majeure event.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including any exhibits, schedules or attachments expressly incorporated herein, constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

NOTICES

Notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party designates by written notice. Notices shall be deemed given upon personal delivery, confirmed electronic transmission, or three (3) days after deposit in the U.S. mail, postage prepaid.

CERTIFICATIONS

Each party represents and warrants that it has the full right, power and authority to enter into and perform this Agreement; that the individual signing below on its behalf is duly authorized; and that the execution and performance of this Agreement does not violate any other agreement to which it is a party.

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