03-0623_PYRO SPECTACULARS, INC._Display AgreementPYRO SPEC'` CULARS9 INC. SAN DIEGO REWORKS
Display Agreement
1) THIS AGREEMENT, entered into this
�ay of� 2013by and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and
City of San Tuan Capistrano hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display
as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the display.
The said display is scheduled to be performed on July 4. 2003 at
San Tuan Capistrano, Sports Park. San Tuan Capistrano
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE. Q The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring
that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of
the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J)
After completion of the Display, that the Display Area is cleared ofve firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of TIVENTY OUSAND SEVEN HUN VKLIJ— mmmmmmm- Dollars
($ 22.700.00 ). A deposit of $ 11,350-00 and fire d partment fees approximated at $ 580.00 must be paid by
Date. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of
1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid
balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO to receive and verify
financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or City of San Juan Capistranos logos.
(continued on neat page)
PYRO SPE( TACULARS, INC. SAN DIEGO FIREWORKS
Display Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's
damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
1 I) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a
partnership or j oint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate
debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein.
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the
State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for
any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 900186, San Diego, California 92190.
PURCHASER- City of San Juan Capistrano- July 4, 2003
15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Bothparties
acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies,
each one of which shall be deemed an original against the parry executing same. This Agreement shall be binding upon the parties
hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of
fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance.
In Wim ss Whereof the parties hereto, by and through their duly authorized agents, have set their l and seals this J;5 day
of�riIgA f , , 2003. 1 X Initial Here
Title PRESIDENT
Title Citjr Manager
• Purchaser is responsible for payment of fire
deparbnent permit and standby fees, 0
applicable.
• Purchaser to provide firing site,
communication, and security.
• Price firm through April 4, 2003.
• Price includes full electronic firing.
Show Producer: Sam Bruggems