AGREEMENT FOR JULY 3 2023 FIREWORKS DISPLAY

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Agreements
February 25, 2024

AGREEMENT FOR JULY 3, 2023 FIREWORKS DISPLAY

THIS AGREEMENT is made and entered this _____ day of ___________, 2023 by and between XXXX, (the “Contractor”) and YYYY (the “Client”), located at JJJJ.

WHEREAS, the Contractor is in the business of performing exhibitions of fireworks and herby certifies that it possesses all necessary qualifications, experiences, staff, and licenses to perform the work contemplated herein; and

WHEREAS, the parties acknowledge that the Client has relied upon Contractor’s representations regarding its qualifications, experience, staffing, and licensure as material inducements to enter this Agreement; and

WHEREAS, the Client desires that the Contractor provide an exhibition of fireworks for the Client pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows;

  1. THE DISPLAY, the Contractor agrees to sell, furnish, and deliver, to the Client an aerial firework display on DDDD the “Display”) lasting five (5) to six (6) minutes in length, including four (4) and five (5) inch shells as specified on invoice starting at XXXX . For purposes of this Agreement, a substantial pause or interruption shall be deemed to mean a pause or interruption lasting longer than sixty seconds. In the event the Contractor must pause or interrupt the display longer than sixty seconds due to safety considerations, the time of such pause or interruption shall not be counted toward the required total Display length. In the event, the Contractor fails to deliver the Display in accordance with this Paragraph unless for a reason specifically set forth herein, the Contractor shall forfeit all payments provided for herein and return all deposits or other payments received by the Client. In the event the Contractor experiences or anticipates any necessary modifications to the Display due to supply chain limitations, the Contractor shall notify the Client at least thirty days prior to the Display date and renegotiate payment terms based on products available within the supply chain at such time; if the Contractor and the Client are unable to agree to modified payment terms, the Client may terminate this Agreement and the Contractor shall return to the Client all deposits or other monies paid by the Client.
  2. THE LOCATION. The location for the Display shall be the Client,CCCC Via barge from the water.
  3. THE CONTRACT PRICE. The Client shall pay the Contractor SIX THOUSAND DOLLARS ($6,000.00) (the “Contract Price”) for the Display as follows:
  4. Seven days after the Contractor provides proof insurance required pursuant to Paragraph 6 herein, the Client shall pay to the Contractor a deposit equal to one-half (1/2) of the Contract Price (the “Deposit”).
  5. Upon completion of the Display, the Contractor shall apply the Deposit to the amount due from the Client. Within seven (7) days of the completion of the Display, the Client shall pay the Contractor the remaining outstanding balance of the Contract Price. In the event payment is not timely paid, late payments shall accrue interest at the rate of eighteen percent (18%) per annum for the first day after the payment was due until payment is made.
  6. CLIENT RESPONSIBILITIES. The Client acknowledges that it is responsible for providing a suitable location for the Display, which shall include making arrangements to keep all spectators at least three hundred and fifty (350) feet away from the area where the aerial fireworks firing will take place. The Client shall furnish necessary police and fire protection and crowd control. The Client shall be responsible for all fire watch/inspection fees incurred by the Contractor. Said fees will be paid by the Client to the Contractor upon notification of any amounts due. The Client shall be responsible for the removal or protection of all property within the “fireworks fallout zone” as shown in Exhibit 1 to this Agreement. By entering this Agreement, the Client agrees to indemnify and hold harmless the Contractor for damage caused to property or persons within the “fireworks fallout zone” resulting from any source other than the fireworks presented by the Contractor.
  7. CONTRACTOR RESPONSIBILITIES. The Contractor will secure any security bonds required by law, furnish an experienced pyrotechnist(s) sufficiently trained to present the Display in a safe professional manner and provide ample emergency fire protection during the Display. The Federal, State, and Local laws governing the handling and display of fireworks. At the completion of the Display, the Contractor will clear all equipment, debris, and any unexploded fireworks from the firing site. The Contractor shall arrange for the fire watch/inspection. The Contractor shall notify and obtain any necessary permission from the Federal Aviation Administration for the Display.
  8. EXHIBITION INSURANCE. Within seven (7) days of entering this Agreement, the Contractor shall furnish to the Client proof of liability insurance coverage of a minimum of $1,000.00; per Occurrence combined single limit for bodily injury and property damage, including products liability, which insurance shall include the Client as additional insured. The insurance furnished by the Contractor shall include a provision that it shall not be canceled without prior written notice to the Client. If the Contractor fails to furnish the required insurance or if the insurance is canceled prior to the Display, the Client may immediately and without prior notice terminate this Agreement without penalty or expense and the Contractor shall return all monies received from the Client within seven (7) days of written notice of termination of the Agreement.
  9. CANCELLATION INSURANCE. The Client may, at its option, procure insurance to cover the risk of loss due to the cancellation of the Display.
  10. INDEMNIFICATION. The Contractor shall protect, defend, indemnify, save, and hold harmless the Client, all departments, agencies, boards, and commissions, its officers, agents, servants, and employees, from and against any and all claims, demands, expense, and liability arising or of injury or death to any person or the damage, loss, or destruction of any property which may occur in any way arising from the Display due to the negligent act or omission of the Contractor, its agents or employees. Nothing in this indemnification provision shall be interpreted as a waiver of the Client’s sovereign immunity rights, including those provided under Section 768.28, Florida Statutes. This indemnification shall survive any expiration or termination of this Agreement.

POSTPONMENT OF DISPLAY. It is agreed and understood that should inclement weather prevent the firing of the Display on the Display date, then the Display shall be postponed and performed on a mutually agreeable postponement date that shall occur within seven months of the originally planned display date and a 10% fee will be charged to the Client. In the event a mutually agreeable postponement date for the display cannot be determined, this Agreement shall be null and void and neither party shall have further obligations or responsibility hereunder.

  1. PROMOTION. The Client will include reference to the Contractor in its promotional materials, including event schedules and radio, television, newspaper, and internet announcements.
  2. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this agreement, and in the vent of any dispute, the venue for all proceedings, be they litigation, mediation, arbitration, or otherwise shall be in a court of appropriate jurisdiction in Flagler County, Florida.
  3. ATTORNEYS’ FEES AND WAIVER OF JURY TRIAL. In the event of litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to recover a reasonable fee for its attorneys and to recover all costs reasonably incurred in such proceedings. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY, AND INTENTIONALLY WAIVERS ITS RIGHT TO TRIAL BY JURY.
  4. CONTROLLING AGREEMENT. This writing expresses the entire agreement between the parties, integrating all previous agreements, understandings, practices, and discussions, and no modification shall be made to this Agreement except as expressed in writing and executed by both parties.
  5. TERMINATION FOR CAUSE. In the event either party is in default of any term of this Agreement, the other party may terminate this Agreement immediately upon written notice to the party in default. In the event the Client terminated this Agreement due to any breach by the Contractor, the Contractor shall forfeit any payments due from the Client and return all deposits or other monies already paid by the Client.
  6. COOPERATION WITH REGULATORY AGENCIES. The parties agree to cooperate with all regulatory agencies having jurisdiction over the Display, including but not limited to local fire and police departments, the Bureau of Alcohol Tobacco, Firearms, and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG. The parties acknowledge that such governmental regulatory authorities have the right to prohibit the Display until unsafe or unsuitable conditions are corrected.
  7. PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER XXX CCCC STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT VVVV­­­____________________________________________, OR XXXX

 

[SIGNATURE PAGES TO FOLLOW]

IN WITNESS WHEREOF, the parties have set their hand and seal as set forth below:

 

 

CLIENT OF XXXX

 

BY: ______________________________________ DATE: __________________________

 

­­­­­­­­­­­­­­­__________________________________

 

FIREWORKS OVER MIAMI LLC

 

BY: _______________________________________ DATE: _________________________

 

­­­­­­­­­­­­­­­__________________________________

 

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