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2024-IG016
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Last modified
2/15/2024 11:56:58 AM
Creation date
2/15/2024 11:56:06 AM
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Official Documents
Official Document Type
Agreement
Approved Date
02/13/2024
Control Number
2024-IG016
Entity Name
Sebastian High School
Subject
Prom 2024 May 4, 2024 use of Gymnasium and Concession Stand
Area
Intergenerational Recreation Center
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22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances <br />or other property of Applicant or Applicant's employees, invitees, licensees, contractors, <br />assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and <br />Applicant hereby expressly releases and discharges County from any and all liability for any such <br />loss and agrees to defend, indemnify and hold County harmless from all claims and actions for <br />damages as to such losses, including attorney's fees. <br />23. County and Applicant retain all television, film, recording and licensing rights as to any Event that <br />takes place in or on the Premises, provided such is permitted within the Artist Contract. County <br />will coordinate such recordings with Applicant's marketing representative. In the event of artist <br />recording restrictions, Applicant shall request the right to allow the County to take generic <br />production and still photographs of the Event. <br />24. Unless excused by impracticability or impossibility of performance or other lawful contractual <br />defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall <br />appear at the published time or within one hour thereafter. Applicant shall not advertise or permit <br />any advertising that a particular performer will appear for the Event until after a contract for the <br />performer's appearance has been executed and a copy thereof has been provided to the County; <br />otherwise, the County may terminate this License Agreement and cancel the Event. <br />25. No exception or waiver of any provision of this License Agreement shall be effective unless in <br />writing signed by the Assistant County Administrator. No such waiver shall be held to waive the <br />same provision on a subsequent occasion or be construed to constitute a waiver of any other <br />provision of this License Agreement. This License Agreement contains the entire agreement <br />between the parties, unless modified or amended by a subsequent written agreement executed by <br />the parties. This License Agreement shall be governed by the laws of the State of Florida, and <br />venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, <br />Florida. <br />26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special <br />Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau <br />pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC <br />Ordinance Section 208.11. <br />27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses <br />for the services provided at the Event. <br />28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. <br />29. Animals will not be permitted onto the iG Center property during an event unless they are <br />considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations <br />define a service animal as "any dog that is individually trained to do work or perform tasks for <br />the benefit of an individual with a disability, including a physical, sensory, psychiatric, <br />intellectual, or other mental disability. Other species of animals, whether wild or domestic, <br />trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 <br />and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog <br />shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No <br />iG License Agreement Page 12 of 13 <br />Initials <br />
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