waiver

1. CALIFORNIA YACHT CLUB
STANDARD ENTERTAINMENT/ VENDOR AGREEMENT/ WAIVER
INSTRUCTIONS: Fill-in all blanks. Original to CYC Catering, copies to Vendor and CYC Accounting.
Performer/Vendor: Picture Me Perfect_______________ Contact: 310-591-7744__________
Address: 23300 Marigold Ave. #Z204 ______ Tel. /Fax: 310-591-7744______
_Torrance, Ca, 90502______________ Email: info@picturemeperfectla.com
Service to be provided: _Photo Booth___________________________
Club: California Yacht Club, Inc. Contact: Colleen Cavan
d.b.a California Yacht Club Tel. 310-448-4771
4469 Admiralty Way Fax: 310-821-7354
Marina Del Rey, CA 90292 Email: colleen.cavan@calyachtclub.net
Private Party Name:
Event Name:
Date: 07/12/2014
Location: Marina Del Rey
Private Party hires the above listed performer or vendor (“Vendor”) to perform entertainment or other services
listed above at Club’s premises for the above-listed Event, as follows:
1. Performance. Vendor shall provide the services listed above for the Event promptly as called for, in
keeping with the standards for experienced professionals in its industry in the local community. Vendor is solely
responsible for providing all labor, materials and equipment necessary for the performance of its services,
except as may be specifically listed in the “Other Provisions” section, below.
2. Set-up, Labor, Equipment. Vendor and its personnel, materials and equipment shall arrive at Club’s
premises within a reasonable amount of time prior to the scheduled Event start time for set-up, equipment
check, etc. Vendor is to arrive based on agreement with Private Party and upon approval of the Club. Vendor
shall be solely responsible for delivery, set-up and breakdown of its materials and equipment, and for the
placement and taping down of all power cords, cables, etc. for its equipment (if any). The Club is not responsible
for assisting Vendors in set-up, loading in or out, or providing equipment.
3. Payment. Private Party is to pay Vendor directly for services rendered. Vendor will be solely
responsible for all licenses, taxes and other obligations arising from its performance. If Vendor fails to perform
its services as required by Private Party, the Club will not be held liable for any payments, fees, charges, or
other default.
4. Club Rules. Vendor acknowledges that the Club is a traditional private membership club. Vendor and
its personnel will use only the areas of the Club premises designated by Club management, and will not loiter
about the premises, annoy or interfere with Club members’ enjoyment of the facilities. Inappropriate behavior,
profanity, inebriation and smoking are strictly prohibited. No food or drink may be brought on Club premises.
Club has right to discontinue Vendor services if rules are not adhered to.
5. Condition of Premises. Vendor has been given the opportunity to inspect the Club premises and utilities
and to satisfy itself as to their condition and suitability for Vendor’s use, and accepts the same “AS IS”. Club
makes no warranties and shall have no duty to inspect the premises or test the utilities for Vendor’s benefit at
any time. Vendor will not touch, or place any equipment near, any of the Club’s artwork or trophies. Vendor will
promptly pay Club for any property loss or damage arising from Vendor’s acts or omissions.
Cyc/ Vendor Agr. 5-08

2. 6. Safety and Security. Vendor is solely responsible for securing all equipment and personal property
brought on Club premises for Vendor’s use. In no event will Club be responsible for the storage or safekeeping
of any property brought on the premises, or for any loss or injury involving such property.
7. Independent Contractor. Vendor shall perform this Agreement as an independent contractor hired for
specific event, and neither Vendor nor anyone performing this Agreement on its behalf shall be deemed an
employee, agent, partner or joint venture of Club. Vendor will be fully responsible for all its personnel on Club
premises.
8. Publication Consent. Club may take photographs and sound recordings of Vendor and all persons at
the Event, for use and publication in Club publications and marketing materials in any medium, in conjunction
with the person’s name or not, and without any right of inspection or compensation.
9. Insurance. Vendor shall maintain insurance sufficient to protect from all risks arising from its operations,
including liability, property, medical and auto coverages, and workers compensation if required by state law.
Vendor’s insurance shall be primary and non-contributory, with contractual liability endorsements and waivers of
subrogation in favor of Club. Vendor will provide Club with a certificate showing $1 Million in general liability
insurance coverage before entering upon Club’s premises, and naming Club as an additional insured for the day
of the Event, if appropriate. Maintenance by Vendor of the required insurance is a condition precedent for any
claim by Vendor against Club.
11. Liability & Indemnity. Vendor assumes all risks arising from its operations on Club’s property, including
unforeseen risks. To the fullest extent permitted by law, Vendor, for itself and all persons performing this
Agreement on its behalf, waives all claims and forever releases Club and Club’s owners, affiliates, employees,
agents and representatives from any claim, damage, liability, loss, suit, cost or expense including reasonable
attorney fees, for personal injury or property loss arising from Vendor’s operations on Club property and/or any
regular negligence of Club. Vendor further agrees to indemnify and hold harmless Club against any third party
claim arising from Vendor’s acts or omissions, except to the extent directly caused by the active negligence or
willful misconduct of Club, as determined by a final court judgment. In no case shall Club or its related parties
be liable for any indirect, incidental, special, exemplary or consequential damages, whether arising in contract,
tort or otherwise. This paragraph shall survive any termination of this Agreement.
12. Miscellaneous. This Agreement contains all of the understandings between the parties regarding the
subject matter hereof; there are no other terms, written, oral or implied. This Agreement is personal to Vendor
and cannot be assigned without Club’s prior written consent. This Agreement cannot be modified except in a
writing signed by the party to be charged. This Agreement shall take precedence over any booking or other
form of agreement of Vendor. The terms of this Agreement shall be construed in such a way so as to render
them valid wherever possible, and shall not be strictly construed against any party. If any provision of this
Agreement is held to be unenforceable by a court having jurisdiction, the remainder will continue in full force and
effect. The paragraph headings of this Agreement are for ease of reference only. Each person executing this
Agreement warrants and represents that he/she has full right, power and authority to do so on behalf of the party
under whose name his/her signature appears.
13. Other Provisions. _______________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
Acknowledged and agreed:
Vendor/_Picture Me Perfect_________________________________
Unique Patton By: ______________________________________
Authorized Signature
Unique Patton_________________________ Date: ____07/10/2014________________________________
Print Name,
Cyc/ Vendor Agr. 5-08