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Home My WebLink AboutContractAGREEMENT FOR INCREDIFLIX SPECIALTY CAMPS THIS AGREEMENT, dated for reference purposes only as March 14, 2022, is by and between the ŝƚǇ Ž ZŽ ƚŚĞ ŝƚǇ Ă tŽ ŵƵŶŝĐŝƉĂů ŽŽŽ ĂŶĚ IncrediFlix Inc. Ž a California corporation. The City and the Consultant are referred to collectively in this Agreement as t W K ĨƵůůǇ ĞǆĞĐƵƚĞĚ ďǇ ƚŚĞ W ƚŚŝƐ ŐƌĞĞŵĞŶƚ ŝƐ effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide movie making specialty camps as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred Ž ĂƐ ƚŚĞ 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 December 31, 2022. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $10,000, 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, 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 shall be CAG-22-165 PAGE 2 OF 18 submitted to the City. 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 Ž Ɛ Ž 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 ĚĂǇƐ Ž Ž ƚŚĞ Ž ŝŶ ǁƌŝƚŝŶŐ Ŷ ƚŚĞ ĞǀĞŶƚ 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 Con sultant. No payment shall be made by PAGE 3 OF 18 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 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. d ŝƚǇ Ɛ Ž Ž Ɛ 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 PAGE 4 OF 18 Ž Ɛ Ž ĞǆƉĞŶƐĞ ƐĞĞŬ ũƵĚŝĐŝĂů ŽŽ Ž ƐŚĂůů indemnify, defend, ĂŶĚ Ž ŚĂƌŵůĞƐƐ ƚŚĞ ŝƚǇ Ž Ăůů Ž ŝŶĐůƵĚŝŶŐ Ž ĨĞĞƐ ĂƚƚĞŶĚĂŶƚ Ž ĂŶǇ ĐůĂŝŵ 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 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 Ž ƚŚĞ ŝƚǇ ŵĂǇ ƐƵƐƚĂŝŶ Ž ƚŚĞ Ž Ɛ ĨĂŝůƵƌĞ Ž Ž Ž PAGE 5 OF 18 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, ƚĂǆĞƐ losses, fines, fees, penalties, ĞǆƉĞŶƐĞƐ Ž Ɛ Ž Ž ĨĞĞƐ Ž ĂŶĚ Ž Ž ĞǆƉĞŶƐĞƐ Ž Ž 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 ƚŚĞ ŝƚǇ Ɛ Ž ŶĞŐůŝŐĞŶĐĞ 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 ĞƐƚĂƚĞ ƚŚĞŶ ŝŶ ƚŚĞ ĞǀĞŶƚ 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 Ž ĂŶĚ ƚŚĞ ŝƚǇ ŝƚƐ Ž Ž Ž ĂŶĚ Ž Ž Ɛ liability shall b Ž Ž ƚŚĞ ĞǆƚĞŶƚ Ž Ž Ɛ ŶĞŐůŝŐĞŶĐĞ It is further specifically and expressly understood that the indemnification provided in ƚŚŝƐ ŐƌĞĞŵĞŶƚ Ž Ž Ɛ ǁĂŝǀĞƌ Ž ŝŵŵƵŶŝƚǇ ƵŶĚĞƌ ƚŚĞ ŶĚƵƐƚƌŝĂů 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: d ŝƚǇ Ɛ Ž Ž ƚŚŝĐƐ ĂŶĚ tgton 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 ǁŝƚŚ ƚŚĞ ŝƚǇ Ɛ Ž Ž ƚŚŝĐƐ ĂŶĚ ƐƚĂƚĞ ůĂǁ ƚŚĞ onsultant 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 ŐƌĞĞŵĞŶƚ Ž ĞǀĂůƵĂƚŝŶŐ ƚŚĞ Ž Ɛ Ž Ž ƚŚĞ Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, t Consultant shall obtain a City of Renton Business License prior to performing any Work PAGE 6 OF 18 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. tŽ ŽŽ Ž ĂƐ ƌĞƋƵŝƌĞĚ ďǇ ƚŚĞ ŶĚƵƐƚƌŝĂů ŶƐƵƌĂŶĐĞ ůĂǁƐ Ž ƚŚĞ 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 ůŝŵŝƚ ŝĨ ƚŚĞƌĞ ǁŝůů ďĞ ĂŶǇ ƵƐĞ Ž Ž Ɛ ǀĞŚŝĐůĞƐ Ž ƚŚĞ ŝƚǇ Ɛ W ďǇ Ž Ž 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-ŽŽ ƉƌŝŵĂƌǇ ďĂƐŝƐ d ŝƚǇ Ɛ ŝŶƐƵƌĂŶĐĞ Ž ƐŚĂůů 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 Ž Ž ƚŚĞ Ž Ž ďǇ ƐƵĐŚ ŝŶƐƵƌĂŶĐĞ Ž Ž ůŝŵŝƚ ƚŚĞ ŝƚǇ Ɛ recourse to any remedy available at law or in equity. PAGE 7 OF 18 F. ^ƵďũĞĐƚ Ž ƚŚĞ ŝƚǇ Ɛ ƌĞǀŝĞǁ ĂŶĚ ĂĐĐĞƉƚĂŶĐĞ Ă ĐĞƌƚŝĨŝĐĂƚĞ Ž ŝŶƐƵƌĂŶĐĞ Ž ƚŚĞ 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 Ž Ɛ Ž ŽŽ t ƐƵĐŚ ĚĞůĂǇƐ Ž ƚŚĞ Ž Ɛ Žble 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 fol lowing 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 Jacki Watson 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6717 jwatson@rentonwa.gov CONSULTANT Chia Chen 818 N. Logan St. Apt #902 Denver, CO 80203-3124 Phone: 949-548-5424 chia@incrediflix.com PAGE 8 OF 18 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Ž ĂŶĚ Ž Ɛ ĂŐĞŶƚƐ Ž ƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐ ĂŶĚ Ž 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 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 cŽ ǁŝƚŚ ĂŶǇ Ž ƚŚŝƐ ŐƌĞĞŵĞŶƚ Ɛ Ž-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. PAGE 9 OF 18 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 responsibl Ž ŚŝƐ ŚĞƌ Ž tŽ Ɛ ŽŽ Ž ĂƐ ǁĞůů ĂƐ 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. d ŝƚǇ Ɛ project manager is Jacki Watgson. In providing Work, Consultant shall coordinate with the ŝƚǇ Ɛ Ž 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 PAGE 10 OF 18 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 ZŽ Ž ĂŶĚ Ăůů Ž ƚŚĞ Ž Ɛ Ž ƐŚĂůů Ž ƚŚĞ 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. Ž Ž Ž Ž Ɛ Ž ƚŚĂƚ ĂŶǇ ŽŽ Ž 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 ŝƐ ĞƐƐĞŶƚŝĂů Ž ƚŚĞ Ž Ɛ Ž Ž this Agreement. PAGE 12 OF 18 Approved as to Legal Form By: __________________________ Alex Tuttle Senior Assistant City Attorney Contract Template Updated 5/21/2021 Approved by Alex Tuttle via 3/28/2022 PAGE 13 OF 18 Exhibit A: IncrediFlix Phone: 949-548-5424 www.IncrediFlix.com IncrediFlix Summer 2022 Camp Proposal For each class: Ages 7-13: Students work in age appropriate groups. All flix will be professionally edited and downloadable within a month after program ends. Taught by IncrediFlix staff. Class Minimum 6 (Full Day class counts as one student for each half day class). 35 Production Fee included in the cost of half day program, $70 production fee included in the cost of full day program. Check out our website (www.IncrediFlix.com) for examples of each program! Week of July 11th - 15th. (Mon.-Fri.) Live Action Flix (Max 8) 9:00am-12:00pm Ž Ž ĨŝůŵŵĂŬŝŶŐ ƚĂůĞŶƚƐ zŽ Ž ƚ ŚĂǀĞ Ž ďĞ ĂŶ Ž Ž ƚĂŬĞ ƉĂƌƚ ĂƐ ǁĞΖůů guide you through the Hollywood process to create, direct, film, act, and more. You won't just make an incredible movie, you'll have the skills to make your own movies w ith friends. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) $180+ $35 Production Fee. IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $35 production fee charged to each participant. PAGE 14 OF 18 Final Price of Class to be charged to Renton Residents upon enrollment: 258+$35PF=$293 Lego Flix (Max 8) 1:00pm-4:00pm Bring Lego worlds to life! We provide Legos. You provide your imagination. Work in groups to create a Lego set with Lego characters for a stop -motion movie you'll storyboard, shoot, and add voice-overs too. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) $180+ $35 Production Fee. IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $35 production fee charged to each participant. Final Price of Class to be charged to Renton Residents upon enrollment: 258+$35PF=$293 Live Action & Lego Flix - Full Day (Max 12) 9:00am-4:00pm Join us for the full day combo for a discount plus free lunch supervision! Please see both half day descriptions. Bring snack, lunch and drink. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) $340+$70 Production Fee. IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $70 production fee charged to each participant for the full day camp. Final Price of Class to be charged to Renton Residents upon enrollment: 486+$70PF=$556 Week of July 25th - 29th. (Mon.-Fri.) Action Movie Flix (Max 8) 9:00am-12:00pm Adventure awaits you in these high intensity movies, where you'll use a green screen, camera tricks, & special effects to create your own live-Ž Ž Ž zŽ ůů collaborate to write, act, & direct in this stunt packed movie where you'll be taught action choreography to thrill the audience. *$35 Production fee is included in the price for the camp. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) $180+$35 Production Fee. PAGE 15 OF 18 IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $35 production fee charged to each participant. Final Price of Class to be charged to Renton Residents upon enrollment: 258+$35PF=$293 Action Stop Motion Flix (Max 8) 1:00pm-4:00pm Now with green screen special effects! Use stop motion tricks to create Bires, explosions, and even Bloods, as your characters can battle it out or work together to save the day in this action packed stop motion class.. You'll work in small groups to storyboard, create the action, Bilm, and voice -over these exciting movies. *$35 Production fee is included in the price for the camp. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) 180+$35 Production Fee. IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $35 production fee charged to each participant. Final Price of Class to be charged to Renton Residents upon enrollment: 258+$35PF=$293 Action Movie & Action Stop Motion Flix - Full Day (Max 12) 9:00am-4:00pm Join us for the full day combo for a discount plus free lunch supervision! Please see both half day descriptions. Bring snack, lunch and drink. *$70 Production fee is included in the price for the camp. Flix emailed within a month after camp ends. Pricing: IncrediFlix would receive (per student) $340+$70 Production Fee. IncrediFlix will be paid 70% of the Resident registration fee per participant enrolled, plus a $70 production fee charged to each participant for the full day camp. Final Price of Class to be charged to Renton Residents upon enrollment: 486+$70PF=$556 PAGE 16 OF 18 Partnership Agreement: ZŽ Ž ĞŶƚĞƌ ĂĐŝůŝƚǇ ŐŝǀĞƐ Ž Ž ŶĐƌĞĚŝ&ůŝǆ ŶĐ ŽŽ for the use of designated space for the purpose of holding Summer Movie Making Programs. Contractor and any and all employees, agents and representatives of Contractor shall perform services pursuant to this Agreement as independent contractors of Facility.-ŽŽ ĂŶĚ ŽŽ Ɛ Ž Ž ĂŐĞŶƚƐ shall not be eligible to receive salary, bonuses, or other forms of compensation from Facility or its agents or representatives. Amounts Contractor are to receive for services per student are indicated below each camp description. These amounts include the $35 production fee (editing, production, and distribution of the movies) for each half day program, $70 production fee for each full day program. Facility has confirmed the final student prices above. Lunch supervision is included in the price if students are enrolled in the full day program. There are no organized activities for lunch supervision, however the kids will be under constant supervision as they eat lunch and play. The instructor- student ratio is 10 to 1 in all programs The minimum number of participants for any class is 6. The max for our stop motion programs and live action programs is 20. Numbers can be adjusted if mutually agreeable between Contractor and Facility. Ages of the students can be from 7 - 13. Because they separate into groups within the camp, they are usually able to pair with kids their own ages and work at their skill level. We are proud that we can accommodate students with disabilities. However, there are limits to what our instructors are trained for, and what we can do without affecting the experience of all other students. If our instructors deem a student is too challenging, we must request an aid for that student be provided so as not to detract from the class. Contractor employs a three-strike rule to enforce our 3 Expectations of Respect respect for the instructors, for other students, and for others property). First issue gets a warning to the student. Second issue gets a call to parents. Third issue results in a PAGE 17 OF 18 students dismissal from the class. We outline this to every parent in our preclass email. While this may be strict, we have learned from experience that the price of not observing these expectations comes at the expense of all the other students who are enthusiastic about making movies. Contractor will provide all equipment, supplies, and qualified instructors to teach the camps, edit final projects, and host final movies on the IncrediFlix website for students to download after the camp. While very rare, occasionally technical dificulties occur. If student movies are irrecoverable, Contractor will return the Production Fee directly to the parents of the students affected. The $35 production fee (editing, production, and distribution of the movies) is included in the price for each half day program Contractor represents and agrees that it has obtained and will keep in full force and effect during the term of this Agreement combined single limit bodily injury, property damage, and workers compensation insurance covering damages and bodily injury ĂƌŝƐŝŶŐ Ž Ž Ž ƌĞƐƵůƚŝŶŐ Ž ƚŚĞ Ž ĂŶĚ ŽŽ Ž ŽŽ Ɛ ŽŽ Ž services pursuant to this Agreement. A certificate of Liability insurance naming Facility as additional insured will be provided upon request to Facility. Contractor warrants and reports that all employees and/ or agents have had background checks for any criminal activity. The facility will handle marketing, registrations, and provide class rosters and participant emails for contractor. Contractor will also market the programs. Contractor will have parents sign a multimedia waiver to ensure that parents understand that Contractor nor Facility can control what parents do with footage after release (for example, placing on youtube). Contractor has no requirements for how the class should be set up or what kind of room we need to be in. Ideally there are enough seats and table space for the students and instructors. PAGE 18 OF 18 IncrediFlix Inc., requires that it have documentation verifying that each FKLOG¶V parent understands and accepts its policies on the following issues. Please read this Release Agreement and sign your name below to indicate your understanding and acceptance. This waiver cannot be PRGL¿HG in any way and your FKLOG¶V attendance in this camp is acceptance of this agreement. Please note: Your movies become the property of all participants, who have the right to share online (please see Multimedia Waiver). If this is not an acceptable term, we cannot have your child participate in this camp, as we cannot limit potential exposure of any movie. RELEASE AGREEMENT Cancellation. IncrediFlix Inc., works with third-parties (e.g. community centers, schools, etc.) to take registrations. We abide by the third-party cancellation policies if your child cannot attend the camp. Lost Items. I understand that IncrediFlix Inc. is not responsible for any personal items lost or stolen at its programs. ,QFUHGL)OL[QF VWURQJO\UHFRPPHQGV QRW EULQJLQJ LWHPV RI JUHDW YDOXH DQG ZULWLQJ RXU FKLOG¶V name on all personal items brought to any IncrediFlix Inc. program. Multimedia Waiver. By signing this form, the parent or guardian acknowledges and accepts that IncrediFlix Inc., third-party program participants (e.g. recreation centers, private camps, schools, etc.), and other students parents/guardians shall own all works created in its programs, and permits IncrediFlix Inc., to use the photographs, motion pictures, voices, and/or any other images or likenesses of their child as a program participant for all uses, both commercial and non-commercial, including promotional materials published and used by IncrediFlix Inc (e.g. sharing a movie on the IncrediFlix Inc. Facebook page). IncrediFlix Inc. and third-party program participants shall also be held harmless and have no liability for any use of any image or likeness of a participant by a person, group, and/or entity receiving images or likenesses as a third-party participant. 5HOHDVH DQG DLYHU RI LDELOLW\DQG QGHPQL¿FDWLRQ JUHHPHQW. The undersigned, on his/her behalf and on behalf of the QDPHG SDUWLFLSDQW UHOHDVHV QFUHGL)OL[QF LWV GLUHFWRUV R FHUV HPSOR\HHV DQG DJHQWV from all claims and liability to the undersigned or named child and each of their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property of the undersigned or named child. I HAVE READ THIS RELEASE AGREEMENT. I UNDERSTAND AND AGREE TO THE RELEASE STATED ABOVE. SIGNATURE OF PARENT: DATE: PRINTED NAME OF PARENT: PRINTED NAME OF