Temporary/Seasonal Employment Release and Indemnity Agreement

This Temporary/Seasonal Employment and Release and Indemnity Agreement (“Agreement”) is executed as of September 15, 2023 between JM Halloween Inc, a Michigan corporation (“Company”) with offices at 38965 N Pointe Parkway, Harrison Township, Michigan 48045 through its Presidents, Managers and and Employee.

WITNESSETH

WHEREAS, Company is engaged in the seasonal business of developing and operating for the public a Halloween Attraction located at 34111 28 Mile Rd, 34025 28 Mile Rd, and 61288 Gratiot Ave, 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 Temporary/Seasonal Employees.

WHEREAS, Employee agrees to provide services to be utilized in the operation of Scarefest Scream Park.

NOW, THEREFORE, in consideration of mutual promises hereinafter contained, the sufficiency of which are agreed by all parties herein, IT IS AGREED AS FOLLOWS:

  1. The term of this agreement: September 15, 2023 and will end on October 29, 2023.

  2. For any and all services provided by the Employee to Company, Company shall pay Employee compensation agreed upon in application approval email.

  3. Employee is subject to and agrees to abide by all applicable Federal and State laws, and City and Company ordinances, policies, and procedures and agrees to act in an appropriate manner when performing their work, and agrees not to offend other staff, volunteers, owners, and customers.

  4. Employee agrees to report all injuries, accidents, property damage, or losses immediately to Company.

  5. Employee agrees to complete and submit a W-4 & I-9 upon Company request, and further agrees that Company may withhold payment unless and until all requested documents are completed to Company’s satisfaction.

  6. Employee shall notify Company of any changes of address or telephone number.

Employee expressly represents and warrants to Company that: (i) he or she is solely responsible for his or her actions and inactions and for filing all necessary forms and paperwork; (ii) Employee acknowledges that he or she is aware they are a temporary/seasonal employee and not eligible for any company benefits; and (iii) employment may be terminated for any reason, at any time by either the Company or employee.

NOTICES

            All notices and other communications given to the company under this Agreement shall be in writing and mailed by First Class Mail or delivered by hand to the company at its address set forth above.

RELEASE AND INDEMNITY

        Further, Employee 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 Employee 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 Employee 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 Employee in or on the premises of Scarefest Scream Park, 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 Employee.

The obligations of Employee 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) making available facilities and equipment for the work, or (2) giving or the failing to give advice, directions or instructions.

Employee, 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, Marino Family Investments LLC, its officers, agents, members, and employees, all referred to as “releasees”, from all liability to the Employee, 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 Employee, unless caused by the negligence of releasees while the Employee is providing services necessary in the operation of Company’s haunted attractions.

MISCELLANEOUS

            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 Employee and supersedes all prior understandings, agreements or arrangements between the parties with respect to the subject hereof.

GOVERNING LAW

            Employee 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.