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HomeMy WebLinkAboutContractAGREEMENT WITH WESTERN WASHINGTON ENTERTAINMENT, LLC DBA FUNFLICKS FOR MOON CAKE FESTIVAL MOVIE THIS AGREEMENT, dated for reference purposes only as September 6, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Western Washington Entertainment, LLC dba FunFlicks (“Consultant”), a Washington Limited Liability Company. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide one 21-foot premiere movie screen, all projection, sound, and cables, and staffing for the movie to be streamed by the city using Netflix at the Renton Community Center as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibi t A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than September 29, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $732.40, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a vouche r or invoice in a form specified by the City, including a description of what Work has been performed, the          CAG-23-341 PAGE 2 OF 10 name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termin ation, less all payments previously made. If the Agreement is terminated by the Cityafter partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and          PAGE 3 OF 10 workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridgeand Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement.          PAGE 4 OF 10 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this ag reement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the          PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant sh all not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured.          PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courierservice. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Maryjane Van Cleave 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6713 rking@rentonwa.gov; and mvancleave@rentonwa.gov CONSULTANT Cody Geddes 2825 Milton Way, Suite 403 Milton, WA 98354 Phone: (253) 617-7788 cody@funflicks.com Fax: (509) 590-2456          PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that ap plicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits.          PAGE 8 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Rhemy King. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances.          PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.          PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Maryjane Van Cleave Equity, Housing, & Human Services Administrator Cody Geddes Member of FunFlicks _____________________________ Date M. Patrice Kent Senior Assistant City Attorney Contract Template Updated 5/21/2021 (h/contract/2023/2777)                _____________________________ Date Approved as to Legal Form By: __________________________Approved by Patrice Kent via email 9/18/23 Invoice #13506329 Sign & Pay Online! If you need to print and mail your contract, please mail to: FunFlicks 2825 Milton Way, #403 Milton, WA 98354 Phone: 253-617-7788 FAX: 509-590-2456 Billing Information City of Renton Rhemy King 1055 South Grady Way Renton, WA 98057 Home Phone: Cell Phone: (425) 272-3108 Office Phone: (425) 430-6548 Delivery Location Information Renton Community Center On-site Contact: Rhemy King 1715 Maple Valley Hwy Renton, WA 98057 Event ID #: 13506329 Order Date: 9/6/2023 Rep: Screen Rental Date: 9/29/2023 Arrival Time: 5:30pm Movie Start Time: 7:00pm Movie End Time: 9:00pm Delivery Method: Fully Staffed - WA - SEA Surface Type: Indoor Rental Items Qty Total 21-ft Premiere Movie Screen 1 $650.00 All Projection, Sound & Cables 1 $0.00 Weather Assurance Plan - Any Day Rescheduling Option (subjec 1 $0.00 Order subtotal $650.00 Discount $0.00 Surcharge*8.5% $55.25 Delivery $27.15 Staffing $0.00 Total $732.40 Deposit Due $366.20 Amount Paid $0.00 Balance Due $732.40 *8.5% is added to all reservations. This surcharge is not a tax, it is a royalty percentage payable to the owner of the trademark registration Pre-Paid Gratuity: As a convenience to our customers, you can include a pre-paid gratuity for your technician at the time of your booking. If you would like to pay gratuity later, you can give it directly to your tech on-site or call our office after your event and we'll be happy to add it then. Please Note: Your rental must be paid in full 14 days prior to your event date Your reservation is not confirmed until you have signed this rental agreement. No refunds are offered and all postponements or cancellations will be credited towards future rentals. Equipment Rental Agreement: Our goal is to provide you with friendly, FUN, professional & quality service. We prefer not to provide you a list of legal terminology, however there are factors beyond both our control and your control, such as weather and emergencies that may arise before or during your event. We also understand emotions may come into play since this may be a special day. If factors arise and we can't mutually agree on a fair outcome, then the terms and conditions written here are the only acceptable terms of negotiation. By making your deposit or payment in full, you are agreeing to these terms and conditions described on the invoice above and Rental Agreement below. DEPOSITS: A 50% deposit is required to confirm your event date. If you need to make alternate arrangements to meet our deposit requirements, please contact your FunFlicks Rep. This deposit is non-refundable once it is less than 30 days to your screen rental date. If you are making this reservation less than 14 days prior to your event date, then payment in full is required at the time of your reservation. Your date is NOT CONFIRMED unless we have received your deposit and signed Rental Agreement.          Final Payments: Your final balance must be paid to us no later than 14 days prior to your event rental date. Your rental may be cancelled if we have not received your final payment by that time. Customers can make post-event payment arrangements with Purchase Orders or other terms with our approval. Return Check Charge: There is a $50 charge for all returned checks. CANCELLATION FEE POLICY You always have 6 months to re-book your rental instead of forfeiting funds, but if you must cancel the terms are listed here. 30+ Days Prior To Event Date $49 Fee Then Full Refund 15 - 29 Days from Event Date Pay 50% of Event Rental Total 14 Days or Less from Event Date Pay 100% of Event Rental Total RESCHEDULING FEE POLICY Reschedule 30+ Days from Event Date $49 Fee Reschedule 15-29 Days from Event Date $149 Fee Reschedule 14 Days or Less from Event Date $249 Fee INFORMATION & TERMS Details For Your Specific Rental Additional 18' Needed for Projection Table Setup (Front or Rear Projection Capable) PLEASE NOTE: If we provide screen upgrade due to equipment availability and your event is rescheduled for any reason, you may not receive the screen upgrade at your rescheduled event. EVENT DAY RESPONSIBILITIES 1. Event Day Confirmation Call: We will call you on the morning of your event between 10:00 AM - 1:00 PM to confirm your event. You must be available to take our call that day or you can request a text message for confirmation as well. If you request a text message, you need to be able to reply with your confirmation that our message was received. If there is more than a 20% chance of rain or wind is forecasted 15+ MPH on your date, we will not dispatch our tech for delivery without talking with you. This means that if you do not respond to the text message or take our call, we will not be able to deliver your rentals. 2. Rental Period: your Movie Start Time is the time that we expect to start your main feature presentation. If you need to start later than your listed start time, please let us know in advance. If your start time is changed once we are on-site, you may be charged an additional $50 for the additional time that our tech is on-site. 3. Tech Arrival & Movie Start Time: We will arrive at the approximate time listed at the top of this contract (Arrival Time). Our arrival time may vary from the time listed here due to traffic or other circumstances. We include significant buffer time in the equipment setup period to allow for this variance. 95% of our event rentals start on time and we will make every effort possible to meet your Movie Start Time listed, however we do not guarantee that your movie will start at the Movie Start Time. No refunds or credits will be issued for not starting your movie at the Movie Start Time listed on contract. 4. Tech Responsibilities Full Service Option: Our tech is provided to deliver & setup equipment, change media, connect devices, make adjustments and breakdown equipment. We will stay on-site during the duration of your screen rental to ensure that everything runs as smoothly as possible. Our tech is happy to help out with most event related items but please refrain from asking them to be a referee, janitor, MC, babysitter, timekeeper, lifeguard, waiter or other activities outside the ones listed here. POPCORN EVENTS: SELF SERVE OPTION: Your Event Host will setup the machine with supplies and give brief overview of it's use. FunFlicks is not responsible in anyway for any injuries persons or damages to property occurred while popcorn machine is in customers self use and serving. Customer is responsible for thoroughly cleaning the machine and your event host will pack up the machine once it has been cleaned. If you do not clean the machine, you will be charged a $25 cleaning fee. FULL SERVICE OPTION ($25 fee): Your Event Host will setup, pop and serve the popcorn order you placed. They will then clean and pack up the machine when servings have been served. For events with more than 100 servings of popcorn ordered, some pre-popped popcorn may be provided to keep up with serving demands and/or a second event host may be added to your rental for a $69 additional fee. This option is automatically applied with popcorn machine rental and must be requested to be removed by the customer for the self service option. Drop-Off Service Option (currently not available): Our tech will deliver, setup & breakdown your rental equipment but will not remain on-site for the duration of your event. If any technical difficulties arise, you will call our On Call Manager or the Delivery Tech for support. In the event of rain, customer is responsible for covering equipment or moving it to a dry location. 5. Parking & Unloading: Customer must provide adequate parking for loading/unloading, including any costs, permits or passes, within 100 yards of          the screen setup location. 6. Screen Location, Size & Surface Type: Customer is responsible for ensuring our screen & projection gear will fit at rental location. It must be completely dark (10 minutes after official sunset) unless indoors. We normally secure our screens by placing 18" stakes in the ground around the screen. If we cannot place stakes in the ground for any reason (no stakes allowed, pavement, concrete, etc.) customer is responsible for providing weighted item for tying off to secure the screen. Examples would be water filled trash cans, sand bags, cinder blocks, etc. Customer is responsible for letting us know if these items are not available on-site at least 72 hours prior to rental. FunFlicks offers sand bag and water barrel rentals for locations that where stakes are not allowed and customer is responsible for securing these items prior to event date. 7. Lighting: Customer is responsible for minimizing the amount of light in the area above and nearby the screen. Parking lights, street lights, flood lights, stadium lights, etc. will degrade the quality of the image on our screen and make it appear washed out. FunFlicks is not responsible for the quality of the video image if all light sources within 100' of the screen are not turned off. 8. Electrical Requirements: Customer must provide sufficient power on-site for our equipment to operate correctly. You will need to provide 2 outlet(s), each on separate circuit breakers if more than 1 outlet is required for the rentals you requested. Power outlets must be located within 100' of the location where our screen/equipment will be setup. For distances more than 100, customer will provide 12 gauge extension cords up to 300'. We will not setup equipment more than 300' from a power source. Generators: Customer may provide a generator with at least 5,000 watts of continuous power and 2 separate circuit breakers. FunFlicks will not be responsible for customer provided generators that fail, trip breakers or otherwise don't function with our equipment. We offer generator rentals at additional charge in some locations. 9. Customer Provides All Media: Unless specifically licensed through FunFlicks and listed in this agreement, all media to be played on our screen/system must be provided by the customer. Our system plays standard, commercially produced DVD and Blu-ray discs. We currently do not support 4K, Ultra HD or other disc types other than standard DVD and Blu-ray. 1. We are not responsible for scratched media, custom burned media, download media or any other content issues/errors that occur with our equipment. We use new equipment that has been tested with most commercial DVD/Blu-ray discs. Please be prepared to provide a backup copy of your movie or other content you plan on playing in our systems in case there are problems with the primary disc. 2. If you are connecting a laptop, cable box, gaming system or other media devices you must tell us in advance and it must be included in this contract. If you do not see your media type listed (i.e. laptop, live TV, video gaming) then it assumed you are providing a standard DVD or Blu-ray disc. Please contact your FunFlicks Sales Coordinator if you are not showing a standard disc type. We cannot connect other devices to our systems unless the device is listed in your rental items above and we will not be responsible for event issues or failures resulting from this omission during your booking and in writing. 3. Customer is responsible for all licensing (if applicable) and other costs associated with any content or media used on a FunFlicks' system. 10. Equipment Malfunctions: All equipment is new and under warranty for your assurance - however there is always the risk of technical malfunctions. If we experience an equipment issue on-site, we will make every effort to get it fixed on-site within 60 minutes, or get replacement equipment delivered to your location within 60 minutes of diagnosis. If we are unable to get the equipment working or are unable to get a replacement on-site within 60 minutes from our diagnosis of problem, then FunFlicks will provide a rescheduled rental on a date mutually agreeable by customer and FunFlicks, not to be scheduled later than 6 months from the originally scheduled date. We do not offer refunds for technical malfunctions. FunFlicks is not responsible and will not pay for incidental or consequential damages caused by any delays or equipment malfunctions. This includes but is not limited to food, entertainment, labor, sponsorships, other rentals, or other costs incurred by customer in conjunction with this rental. Customer Provided Equipment: We will substitute any customer provided equipment in the case of failure (i.e. DVD player, projector, speakers, cables, etc.), however no refund or credit will be provided if event goes on as planned. If delayed more than 60 minutes, customer can opt to request a rescheduled rental option subject to approval by FunFlicks. 11. Sprinklers & Venue Safety: Customer is responsible for ensuring that sprinkler systems are turned off in the area where our screens & other equipment will be setup. If sprinter systems are activated during your rental and our equipment is subjected to water from sprinklers, you will be charged a $150 cleaning fee. If any equipment is damaged by water from sprinkler systems, then customer is responsible for paying repair or replacement costs for damaged equipment. Customer is responsible for providing a safe venue for our equipment and our technician. We reserve the right to not setup our equipment in any environment our technician deems to be unsafe. This includes but is not limited to factors such as rain, threat of rain, mud, wind, extreme temperatures, uneven terrain, unsafe structures, uncontrolled crowds, etc. FunFlicks does not issue refunds and no rescheduled rental will be provided for cancellations caused by unsafe conditions. 12. CUSTOMER RESPONSIBILITY: It is the customer's FULL RESPONSIBILITY to ensure the safety of our host & equipment, and will be held 100% liable for damage due to recklessness, vandalism, neglect, accident, sprinkler systems, or for whatever reason will be the responsibility of individual/company listed on our invoice as Customer. Full payment for damage to equipment or labor for cleanup will be expected within 7 days of your event. You will be charged a minimum fee of $150 should sprinkler systems come on and get our equipment wet. This covers our time for cleaning and drying all equipment. Your actual charge may be higher once we determine actual damage to our equipment. Weather related cancellations are covered in the Weather Policy of this rental agreement.WEATHER POLICY: We DO NOT cancel your event for weather related reasons until the day of your event. Weather predictions change (often!) --- we want to give you the opportunity to have the event, so we do not allow weather related cancellations or rescheduling until the day of your event. If you do cancel/reschedule your event prior to the day of your rental, you will be required to pay a rescheduling or cancellation fee (see Fee Schedule). 50%+ CHANCE OF RAIN: If there is a 50%+ chance of rain or if winds are forecasted to be 18+ MPH for the period starting two hours before, during and two hours after your event, we reserve to the right to cancel your rental for that date in order protect our equipment and the safety of our hosts. We also reserve the right to setup our screen parallel to the wind regardless of where customer would like placement, in order to minimize possible wind damage to our screens. LESS THAN 50% CHANCE OF RAIN: We will mutually discuss and agree to proceed or postpone using the Proceed/Postpone Weather Options listed below.          PROCEED/POSTPONE WEATHER OPTIONS: It is agreed by both parties that www.weather.com (https://www.weather.com/) is the tool used to verify weather percentages. Simply visit www.weather.com (https://www.weather.com/) the morning of your screen rental. Put in your zip code and click hour-by-hour. This is the only tool we use to predict the weather. You have until 2:00 PM on the day of the event to make a final decision, using the following four options: 1. Move your event indoors: (keep in mind our screens are very tall and will not fit in most residences). If you move your event indoors and you need to move down in screen size in order to fit your available location, there are no refunds or discounts for changing screen sizes due to weather and indoor requirements, and smaller screens are subject to availability. 2. Postpone/Reschedule: You can reschedule your screen rental in accordance with the Weather Assurance Plan chosen during your reservation (Weekday or Weekend). 3. Take Your Chances: If you choose to have our host dispatched to your location and we cannot complete your event due to poor weather conditions, you will not receive a refund and another event will not be scheduled unless agreed upon by FunFlicks. This would result in a rescheduling fee. Otherwise this would constitute your event! 4. Proceed With Backup Plan: We will dispatch our host to your location at your request, with the following agreement in place. Should your event be cut short (less than 1/2 way through movie) due to weather once our host has been dispatched, you agree to pay a host fee of $149 along with your original mileage charge, and we will reschedule your event in accordance with your selected Weather Assurance Plan. ADVERTISING, PHOTOGRAPHS & PROMOTION: The customer gives their full consent and permission to FunFlicks, it's local affiliates and contractors, their sponsors and/corporate sponsors, their successors, licensees, and assigns the irrevocable right to use, for any purpose whatsoever and without compensation, any photographs, videotapes, audiotapes, or other recordings of people and activities that are made during the course of this event. In addition, FunFlicks may show logos, commercials, public service announcements and limited advertising on the screen before or after your entertainment period. COMPLETE AGREEMENT: This signed Agreement contains the entire agreement between the Lessor and the Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and the Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. Customer acknowledges that by making payment and/or signing, that this Rental Agreement is a legal and binding contract. To cancel or reschedule a rental, sufficient notice must be given by Customer in accordance with the terms outlined in this Rental Agreement and that Customer may incur additional fees for doing so. Any rescheduled event is subject to availability at the time of cancellation or postponement. Refunds are not provided for rentals from FunFlicks. FunFlicks may, at it's sole discretion, provide credits towards future events for weather related and other cancellations. I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT. Signature Date Rhemy King Printed Name This document is copyrighted material owned by FunFlicks, Inc. and may not be copied or used, in whole or in part, for any purpose without express written permission from FunFlicks, Inc.