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ORIGINAL
CONTRACT FOR AMUSEMENT DEVICES AND SERVICES
BETWEEN
CITY OF AUBURN AND OVER THE EDGE PROMOTIONS
THIS AGREEMENT is made and entered into this I()~ay of May, 2004, by and
between the City of Auburn, a municipal corporation of the State of Washington whose address
is 25 West Main, Auburn, Washington, 98001, hereinafter referred to as "AUBUrol[", and
Wayne Schneider, dba OVER THE EDGE PROMOTIONS whose address is 6730 North
Channing Way, Fresno, California 93711 (Cell Telephone: 559·240-4422), a corporation,
hereinafter referred to as "PROMOTER."
WHEREAS, the CITY OF AUBURN is planning festivities for the Fourth of July
Festival in the CITY on Sunday, July 4, 2004; and
WHEREAS, AUBURN desires to have devices for children's amusement including a
train and inflatable rides for the entire day of Sunday, July 4, 2004 at Les Gove Park, II th and
Auburn Way South, Auburn, Washington..
WHEREAS, PROMOTER has such devices referred to above and is willing to provide
them to AUBURN and to provide staffing during the time of the festival Sunday, July 4, 2004;
and
WHEREAS, PROMOTER has insurance which includes liability in the miniimum of
ONE MILLION DOLLARS ($1,000,000);
NOW, THEREFORE, based upon the mutual covenants to be derived, the parties agree
as follows:
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Agreement - Over the Edge Promotions
May 3, 2004
Page 1 of4
4th of July, 2004
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1. AGREEMENT TO PROVIDE AMUSEMENT DEVICES:
The PROMOTER shall provide to AUBURN a train and inflatable rides, such as Balloon
Typhoon and Bounce, for the entire day of Sunday, July 4, 2004, at Les Gove Park, II th
and Auburn Way South, Auburn, Washington. PROMOTER shall transport and set up
devices, and at the conclusion of the festival, remove devices without causing any
damage to the CITY park property. The location of the devices is to be selected by the
Parks Department of Auburn.
2. PERSONNEL
The PROMOTER shall provide personnel, transport set up, monitor and facilitate the use
of the above devices on Sunday, July 4,2004. All personnel provided shall be qualified
and shall meet the requirements necessary for the State of Washington for contact with
children,
3. INSURANCE
Promoter SHALL HAVE A Certificate of Insurance for a minimum of ONE MILLION
DOLLARS ($1,000,000) providing liability coverage for any defects in the products
provided for acts of their personneL
4. CONSIDERATION:
AUBURN shall pay to PROMOTER One Thousand and NollOOs Dollars ($1,000)
payable in a check made out to Wayne Schneider associated with inflatable rides and
train for any and all costs and expenses. PROMOTER shall provide train at their own
expense and charge participants no more than a two-dollar ($2.00) fee for the train and a
one-dollar ($1.00) fee for the inflatable rides, PROMOTER is responsible for all ticket
sales and will keep all proceeds from ticket sales.
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Agreement - Over the Edge Promotions
May 3. 2004
Page 2 of 4
4th of July, 2004
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5. INDEPENDENT CONTRACTOR STATUS:
All personnel employed by PROMOTER are employees of PROMOTER arld
PROMOTER is an independent contractor and shall indemnify and hold haImless
AUBURN from any and all claims including, but not limited to, defects in the devices
provided or acts of its employees or agents.
6. NON RESPONSIBILITY FOR DAMAGE:
AUBURN shall not be responsible for any damage to devices of PROMOTER.
7. SEVERABILITY:
If any provision of this Agreement is determined to be invalid or enforceable for any
reason the remaining provisions shall remain in force and effect.
8. JURISDICTION:
This agreement shall be interpreted under the laws of the State of Washington with venue
in King County Superior Court.
9. ATTORNEY FEES AND COSTS:
If either party is required to employ an attorney to enforce any provisions of the
Agreement the prevailing party shall be awarded its attorney fees and costs.
WAYNE SCHNEIDER
OVER THE EDGE PROMOTIONS
BY: M i'Z:Y'''¿ Æ<¿/j;-c/('
.
ARTIST TAX ID:
DATE: <C7JUl- /t.¡ C:i.¡
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Agreement - Over the Edge Promotions
May 3, 2004
Page 3 of4
4th of July, 2004
CITY OF AUBURN
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ATTEST:
Dani Daskam
City Clerk
APPROVED AS TO FORM:
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Agreement - Over the Edge Promotions
May 3, 2004
Page 4 of 4
4th of July, 2004
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