That Foam Party Guy Agreement

       

Hold Harmless Agreement

 

This HOLD HARMLESS AGREEMENT (this "Agreement") is made effective through checking "I have read and agree to the Terms and Conditions " by and between Mark Krokos (That Foam Party Guy) (hereinafter, "That Foam Party Guy"), of 59 Cotton Avenue, Plains, Pennsylvania 18705 and Payer for services to and for all participant(s) (hereinafter, "The Payer"), of the booked address for the scheduled event at the scheduled time. That Foam Party Guy and The Payer are sometimes individually referred to as "Party" and collectively referred to as the "Parties."

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WHEREAS, The Payer desires to hold harmless That Foam Party Guy from any claims and/or litigation arising out of The Payer of services actions in connection with any of the Foam, Bubble, Snow and/or related services and/or activities that are provided.

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NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, That Foam Party Guy and The Payer for services and all participant(s) hereby agree as follows:

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TERMS

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1.    Hold Harmless. The Payer for services and all participant(s) shall fully defend, indemnify, and hold harmless That Foam Party Guy from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of The Payer for services and all participant(s), its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to That Foam Party Guy for all legal fees, expenses, and costs incurred by it.

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2.    Authority to Enter Agreement. Each Party warrants that the individuals who have E-Signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.

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3.    Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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4.    Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

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5.     Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

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6.   Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

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7.   Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Pennsylvania law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Pennsylvania law.

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8.    Applicable Law. This Agreement shall be governed exclusively by the laws of Pennsylvania, without regard to conflict of law provisions.

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9.   Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Pennsylvania. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.

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10. Machine Rental Release of Liability. All safety instructions provided by That Foam Party Guy will be followed to ensure that all individuals who use the rented equipment know the proper safety and instructions. The Payer will use common sense and good judgment when using the rented equipment and assumes all risks associated with the use of the rented equipment. The Payer releases That Foam Party Guy from any and all liability for any injury, damage, or loss that may occur during the use of the equipment, except in cases of gross negligence or willful misconduct by That Foam Party Guy. The Payer agrees to indemnify and hold harmless for any claims, demands, or causes of action arising out of or in connection with the use of the rented equipment. Liability is limited to the fee charged for the rental, except in cases of gross negligence or willful misconduct. This limitation applies to all legal recovery theories. The Payer cannot seek damages beyond these limitations through third-party suits. This hold harmless agreement and release of liability is intended to be as broad and inclusive as permitted by the laws of the state of Pennsylvania. If any portion of this waiver is held to be invalid, the remaining provisions will continue to be enforceable. In addition, The Payer understands that foam machines must NEVER be used to spray foam on pools, lakes, or any other bodies of water and accepts responsibility of anyone operating the rented equipment. This agreement certifies that foam will not be sprayed onto any body of water. The Payer acknowledges that failure to follow this safety instruction may result in serious injury or death and assumes all responsibility and liability for any consequences arising from misuse of the equipment. Furthermore, The Payer certifies that they will not spray foam into or onto a bounce house, water slide, or any other amusement device. Only the foam solution provided by or approved by That Foam Party Guy will be used. The use of any other solutions, such as household soaps and detergents, is strictly prohibited as it can be dangerous to participants and equipment. The Payer acknowledges that using unapproved solutions may result in harm or damage and assumes all responsibility and liability for any consequences arising from such misuse.

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11.  E-Sign. This Agreement shall be considered signed and bonded upon payment to Mark Krokos (That Foam Party Guy), Owner/Operator That Foam Party Guy, and on behalf of Payer for services and all participant(s), and effective as of the payment date.