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2024-IG048
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Last modified
6/14/2024 12:05:33 PM
Creation date
6/14/2024 11:54:28 AM
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Official Documents
Official Document Type
Agreement
Approved Date
06/10/2024
Control Number
2024-IG048
Entity Name
Piper Recreation Committee
Subject
Piper Summer Field Day June 22, 2024 8:00 am – 3:00 pm
Area
J. Wiggins Field (West Lawn)
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performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant <br />hereby expressly releases and discharges County from any and all liability for any such loss and agrees <br />to defend, indemnify and hold County harmless from all claims and actions for damages as to such <br />losses, including attorney's fees. <br />23. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes <br />place in or on the Premises, provided such is permitted within the Artist Contract. County will <br />coordinate such recordings with Applicant's marketing representative. In the event of artist recording <br />restrictions, Applicant shall request the right to allow the County to take generic production and still <br />photographs of the Event. <br />24. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, <br />any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the <br />published time or within one hour thereafter. Applicant shall not advertise or permit any advertising <br />that a particular performer will appear for the Event until after a contract for the performer's appearance <br />has been executed and a copy thereof has been provided to the County; otherwise, the County may <br />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 writing <br />signed by the Assistant County Administrator. No such waiver shall be held to waive the same <br />provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this <br />License Agreement. This License Agreement contains the entire agreement between the parties, unless <br />modified or amended by a subsequent written agreement executed by the parties. This License <br />Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes <br />hereunder shall be in a court of law in Indian River County, 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 pursuant <br />to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section <br />208.11. <br />27. All of the Applicant's subcontractors shall have all of the necessary local, state, and federal licenses for <br />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 considered a <br />Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service <br />animal as "any dog that is individually trained to do work or perform tasks for the benefit of an <br />individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental <br />disability. Other species of animals, whether wild or domestic, trained or untrained, are not service <br />animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph <br />does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County <br />Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational <br />facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The <br />Promoter/Organization/Renter is wholly responsible for any incidents that occur during the <br />event that involve non -service animals that were allowed on the property during their event. <br />iG Licen reement Page 12 of 17 <br />Initial <br />
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