HomeMy WebLinkAboutContract CAG-19-349
AGREEMENT WITH FUNFLICKS FOR INDOOR NEIGHBORHOOD
MOVIE AT CASCADE ELEMENTARY SCHOOL
THIS AGREEMENT, dated October 30, 2019, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Western Washington Entertainment, LLC DBA FunFlicks
Outdoor Movies, 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 equipment for an indoor movie at Cascade
Elementary School 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 Exhibit 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 November 22, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $403.53, 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 voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
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 termination,less all payments
previously made. If the Agreement is terminated by the City after 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
workmanlike manner and in accordance with all reasonable and professional standards
y..
PAGE 2 OF 10
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, Bridge and 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.
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
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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 agreement 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
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
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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 shall 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: The 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:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://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.
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
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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 courier service.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 CONSULTANT
Kelly Beymer, Community Services
Administrator FunFlicks Outdoor Movies
1055 South Grady Way Cody Geddes
Renton, WA 98057 2825 Milton Way#403
Phone: (425)430-6617 Milton, WA, 98354
Kbeymer@rentonwa.gov Phone: (253) 617-7788
cody@funflicks.com
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With a copy to:
Elena Rodriguez
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6610
ERRodriguez@rentonwa.gov
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 per-formed 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 applicants 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.
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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.
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 project manager on behalf of the City
is Elena Rodriguez. 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.
PAGE 8OF10
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.
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.
PAGE 9OF10
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.
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 CONSULTANT
By: / .. By:
Kelly Bey er / Anthony Dre r
Community Services Administrator Member
s//
Date ` Date
Approved as to Legal Form
By: .46 ' vste
Shane Moloney
City Attorney
Contract Template Updated 03/12/2019
PAGE 10 OF 10
,� IF MI Indoor Movie-Cascade Elementary School
li it Exhibit A
Un Flicks
�M'�.M.......,OUTOOOA MOVIES
.E
Invoice#5941017
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
Elena Rodriguez Event ID#: 5941017
1055 South Grady Way Order Date: 10/23/2019
Renton,WA 98057 Rep: Cody Geddes
Home Phone:
Cell Phone:
Office Phone:(425)430-6610 Screen Rental Date: 11/22/2019
Arrival Time: 5:30pm
Delivery Location Information Movie Start Time: 7:00pm
Cascade Elementary School Movie End Time: 9:00pm
On-site Contact: Elena Rodriguez
16022 116th Ave SE Delivery Method: Fully Staffed-WA-SEA
Renton,WA 98057 Surface Type:
Rental Items Qty Total
16-ft Backyard Movie Screen 1 $349.00
All Projection, Sound&Cables 1 $0.00
Weekday Weather Plan Sun-Thu 1 $0.00
Order subtotal $349.00
Discount $0.00
Surcharge* 8.5% $29.67
Delivery $24.86
Staffing $0.00
Total $403.53
Deposit Due $201.77
Amount Paid $0.00
Balance Due $403.53
*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.
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.
DEPOSIT& °
R
Final--Payees:
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
Back and Screen
16'
9'
6' 12'
4'
18'
g �l
Additional 12'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 1 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
(http://www.weather.com/) is the tool used to verify weather percentages. Simply visit www.weather.com
(http://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:
In addition, FunFlicks may show
logos, commercials, public service announcements and limited advertising on the screen before or after your entertainment
period.
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.
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