INDEPENDENT CONTRACTOR SERVICE AND RELEASE AND INDEMNITY AGREEMENT
This Independent Contractor Service and Release and Indemnity Agreement (“Agreement”) is executed as of September 7, 2018 between JM Halloween Inc, a Michigan corporation (“Company”) with offices at 38965 N Pointe Parkway, Harrison Township, Michigan 48045 through its Presidents, Managers and Independent Contractor.
WHEREAS, Company is engaged in the business of developing and operating for the public a Halloween Attraction located at 34111 28 Mile Rd, Lenox Township, Michigan 48048, commonly known as Scarefest Scream Park.
WHEREAS, Company needs the services of certain personnel with particular expertise in various aspects of the business of Company and,
WHEREAS, Company desires to utilize, from time to time, personnel to provide services of Independent Contractors as hosts and haunted house actors.
WHEREAS, Contractor agrees to provide services at a time and date convenient to the Independent Contractor but to be utilized in the operation of Company’s Haunted House.
NOW, THEREFORE, in consideration of mutual promises hereinafter contained, the sufficiency of which are agreed by all parties herein, IT IS AGREED AS FOLLOWS:
The term of this agreement: September 7, 2018 and will end on October 28, 2017.
- For any and all services provided by the Independent Contractor to Company, Company shall pay Independent Contractor compensation agreed upon in application approval email.
- Independent Contractor shall provide to Company services as an Independent Contractor and Company will provide the dates and times the Company shall be opened to the public. Independent Contractor shall select those dates and times convenient for the Independent Contractor to provide services.
- Independent Contractor agrees to act in an appropriate manner when performing the work, and agrees not to offend other contractors, volunteers, owners, and customers.
- Independent Contractor agrees to report all injuries. Accidents, property damage, or losses immediately to Company.
- Independent Contractor agrees to complete and submit a W-9 upon Company request, and further agrees that Company may withhold payment unless and until all requested documents are completed to Company’s satisfaction.
- Independent Contractor shall notify Company of any changes of address or telephone number.
Independent Contractor expressly represents and warrants to Company that: (i) He or She is not and will not be construed to be an employee of Company and that his or her status will be that of an Independent Contractor for which he or she is solely responsible for hisor her actions and inactions and for filing all necessary forms and returns and for making all required payments with the relevant taxing authorities; (ii) Independent Contractor acknowledges that he or she is and will be acting independent of any direction and supervision by Company or any of its officers and agents and that his or her compensation will arise from and be determined solely by his or her acts and efforts; and (iii) he or she has obtained and has in effect insurance in amounts reasonably necessary to cover actions and/or injuries which may be foreseeable in light of the service which Independent Contractor performs on the premises of Company.
All notices and other communications given to a party under this Agreement shall be in writing and mailed by First Class Mail or delivered by hand to the party at its address set forth above.
RELEASE AND INDEMNITY
Further, Independent Contractor agrees to indemnify and hold Company harmless, to the fullest extent permitted by law, and its officers, agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and expenses, arising out of or resulting from: (i) the action or inaction of Independent Contractor attributable to bodily injury, sickness, disease, or death, or to other injury or illness including the loss of any income resulting from it, to the extent caused in whole or in part by any negligent act or omission of Independent Contractor or anyone directly employed by him or her or anyone for whose acts he or she may be liable; or (ii) any breach of the representations or warranties contained here; or (iii) any loss, liability, damage or cost Company may incur due to the presence of Contractor in or on the premises located at 34111 28 Mile Rd, Lenox Township, Michigan. This obligation will not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in favor of Company against Independent Contractor.
The obligations of Independent Contractor under this Agreement will not be affected by any actions or inactions of Company or its agents or employees including, but not limited to: (1) leasing facilities to Independent Contractor or making available facilities and equipment for the work, or (2) giving or the failing to give advice, directions or instructions.
Independent Contractor, for himself or herself and personal representatives, heirs, and next of kin, releases, waives, discharges and covenants not to sue Company, its officers and members, JM Halloween Inc, Solid Gold Sound Inc, its officers, agents, members, and employees, all referred to as “releasees”, from all liability to the Independent Contractor, his or her personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to the person or property or resulting in death of the Independent Contractor, unless caused by the negligence of releasees while the Independent Contractor is providing services necessary in the operation of Company’s Haunted House.
This Agreement shall be binding upon the parties hereto and their respective successors and assigns. No modifications, renewal, extension or waiver of Agreement or any of the provisions contained herein shall be binding upon either party unless made in writing and signed by each party by a person duly authorized. This Agreement constitutes the full, complete and entire agreement between JM Halloween Inc and Independent Contractor and supersedes all prior understandings, agreements or arrangements between the parties with respect to the subject hereof.
Independent Contractor expressly agrees that this service, release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Michigan, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.