Mechanical Ride Agreement

Mechanical Ride Agreement

This Mechanical Ride Agreement ("Agreement") is entered into by and between Provider Name: and Client Name: .

WHEREAS

WHEREAS, Provider owns, operates and maintains mechanical amusement rides and related equipment, including but not limited to the ride described as: Ride Description: ; and

WHEREAS, Client desires to engage Provider to provide the ride and related services for the Event described below and Provider agrees to provide such services under the terms and conditions set forth herein.

Event Name/Location:

SCOPE OF WORK

Provider shall supply, install, operate, staff and remove the mechanical ride(s) described above in accordance with accepted industry standards and applicable safety regulations. Provider's obligations shall include delivery, complete assembly, required testing, and operation during agreed hours unless otherwise stated in this Agreement. Client shall provide the site, power, access and any permits required by local authorities unless otherwise agreed in writing.

SAFETY, COMPLIANCE AND INSPECTION

Provider represents and warrants that the ride(s) provided under this Agreement shall be maintained and operated in a safe condition and in compliance with all applicable codes, standards and regulations. Provider shall perform pre-opening inspections and daily operational checks. Client shall permit inspection by Provider and by any governmental authority having jurisdiction.

Operator(s) Provided by Provider: Yes

PAYMENT TERMS

Total Fee (for all services and equipment):

Deposit Amount (due upon execution):

Late Payment Fee: If amounts due are not paid when due, Client shall pay interest and collection costs as provided above and as allowed by law.

TERM AND TERMINATION

Term Commencement Date: . Term End Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Termination for convenience by Client requires written notice of at least the notice period above and payment of any unpaid fees plus reasonable demobilization costs.

INSURANCE AND INDEMNIFICATION

Provider shall maintain commercial general liability insurance, including premises and products/completed operations coverage, and workers' compensation as required by law. Minimum insurance limits: . Provider shall provide certificates of insurance upon request.

Indemnification: Each party shall indemnify, defend and hold harmless the other party and its officers, directors, employees and agents from and against any and all third-party claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence or willful misconduct in connection with performance under this Agreement.

CONFIDENTIALITY

Each party acknowledges that in the course of performing this Agreement it may receive Confidential Information of the other party. "Confidential Information" means nonpublic information disclosed in any form that is designated as confidential or that a reasonable person would understand to be confidential. Each party shall: (a) hold the Confidential Information of the other in strict confidence; (b) not disclose such Confidential Information to third parties except to employees and contractors who have a need to know and who are bound by confidentiality obligations; and (c) use Confidential Information only for the purposes of performing obligations under this Agreement. Confidentiality obligations survive termination for a period of three (3) years.

LIMITATION OF LIABILITY

Except for liability arising from gross negligence, willful misconduct, or breach of the confidentiality or indemnity provisions, neither party shall be liable to the other for special, incidental, consequential or punitive damages. Provider's total aggregate liability for any claim arising out of or relating to this Agreement shall not exceed the total fees paid by Client under this Agreement.

ASSIGNMENT AND SUBCONTRACTING

This Agreement and the rights and obligations hereunder may not be assigned by either party without the prior written consent of the other, which consent shall not be unreasonably withheld, except that Provider may subcontract performance of services to qualified subcontractors so long as Provider remains responsible for performance.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement (including all exhibits and documents incorporated herein) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. Any modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. Notices required under this Agreement shall be in writing and delivered to the addresses set forth below or such other addresses as the parties may designate in writing.

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