Bowmanville Zoo
340 King St E, Bowmanville, ON
Tel: (905) 623-5655
AGREEMENT
THIS AGGREEMENT entered into by and between and ______
of______
(Hereinafter referred to the client)
1. SUBJECT MATTER. In connection with use for filming the motion picture currently entitled “The Interview,” Bowmanville Zoo agrees to lease the Client and Client agrees to hire, rent, and lease from Bowmanville Zoo, the following describes personal property, and/or animals, and/or personnel for the daily or weekly rate set opposite the items so leased or rented:
Ordered by______Date/Time Starts______
Production______From______20______to ______20______
PROPERTY & ANIMALS / VALUE / DAILY RENTAL / WEEKLY RENTAL / PERSONNEL / HR. RATE / MIN. DAILYDAILY OR WEEKLY TOTALS
Client further contracts for and agrees to the following terms and conditions and to make payment for the additional services by personnel equipment and /or animals to be supplied by Bowmanville Zoo at the rate set opposite the description of said services:
Description of ServicesRate
2. ANIMAL ATTENDANTS. In addition to any services to be provided by Bowmanville Zoo as set out in paragraph 1 hereinabove, no animal(s) shall be leased without an attendant provided by Bowmanville Zoo for which the client agrees to pay a regular agreed upon rate, as set forth above, preindicated on a ______hour day and 1 1/2 time said hourly rate for hours worked in excess of ______in any day. It shall be the duty of such attendant to care for the animal(s) so rented. All animal(s) shall be housed and fed at the expense of the Client while on location or when retained by Client overnight. The attendant's and animal(s) time shall be computed from the time they leave the premises of Bowmanville Zoo to the time they return to Bowmanville Zoo premises. The time shall be hereinafter to the "lease period".
3. DEPOSIT. Client agrees to pay a deposit of $______upon the execution of this contract with the entire balance due hereunder at the termination of the lease period.
4. DAILY CHARGE. In the event that the animal(s) rented are required by Client to report to work and Client shall thereupon determine that Client does not require their services for the balance of the day, Client shall, nevertheless, pay the full daily charge to Bowmanville Zooe for said animal(s) and attendant(s).
5. TERMINATION FOR CAUSE. If, in the opinion of Bowmanville Zoo reserves the right to terminate this agreement and receive payment in accordance with the terms hereof to the date and hour of termination.
6. PERMITS AND LICENSES. All permits and/or licenses, will be at Client's expense, which may be required under the appropriate laws and/or ordinances for the movement and use of the animal(s) leased hereunder.
7. DAMAGE TO THE ANIMAL(S). Client shall be responsible for any loss, damage or injury to the animal(s) leased pursuant to this agreement. In the event of such loss, damage or injury, Client agrees to and shall pay to Bowmanville Zoo the value stated above as the value of the animal(s) or, in the case of such damage or injury, such amount up to the stated value as reasonably commensurate with the damage or loss sustained. The return to Bowmanville Zoo of the animal(s) leased does not relieve Client from responsibility for any damage and/or loss incurred while in the Clients possession.
8. RECAPTURE Client agrees to bear all costs and expenses involved in the recapture of the animal(s) leased hereunder.
9. INDEMNIFICATION. Client shall be solely responsible for any and all loss, damage or injury to any person or property claimed to have been caused by animal(s) leased hereunder or by their attendant(s) during the lease periodexcept if due to the gross negligence or wilful misconduct of Bowmanville Zoo and their attendant(s) not on Client’s payroll. Client further agrees to indemnify Bowmanville Zoo and hold Bowmanville Zoo harmless from all claims, actions, suits, proceedings, expenses, damages, and liabilities of any kind or nature whatsoever, including allreasonable outside attorneys fees and costs, for injuries or damages to any person or property, included to Client or employees of Client, claimed to have been caused by the animal(s) leased or by their attendant(s) during the lease period except if due to the gross negligence or wilful misconduct of Bowmanville Zoo and their attendant(s) not on Client’s payroll.
10. INSURANCE. Client agrees to carry, during the term of the lease and at the Client's own expense, insurance with respect to the animal(s) and attendant(s) leased hereunder of the following kind and in the minimum amount. Bowmanville Zoo shall be responsible for providing liability insurance with limits of $1,000,000 per occurrence/$2,000,000 aggregate for the animals it supplies to Client., and shall provide Client withevidence of insurance. certificates of insurance and endorsements adding Client, its parent(s), subsidiaries, licensees, successors, related and affiliated parties and their officers, directors, employees, agents, representatives and assigns as additional insureds.
(a) ComprehensiveCommercialgeneral public liability insurance with minimum limits of $1,000,000/2,000,000 for bodily injury or death and $500,000 for property damage. This policy shall be endorsed to include "contractual coverage" specifically including the indemnification and hold harmless clause above; and
(b) Fire and extendedProperty coverage insurance under our Clients Production Package against destruction of the animal(s) in an amount equal to their value as stated in this Agreement. Client shall obtain such insurance from a reputable company and Client shall furnish Bowmanville Zoo with a certificate from said insurance company showing that the insurance is in effect. Failure by Bowmanville Zoo to insist upon actual delivery of said certificate shall not affect the rights of Bowmanville Zoo nor duties and responsibilities of Client under the terms of paragraph 10. Each policy purchased pursuant to this paragraph shall include a provision requiring the insurance company to contact Bowmanville Zoo in writing prior to cancellation or expiration of each policy. Should any of the required policies be cancelled before the expiration date thereof, notice will be delivered in accordance with policy provisions.
11. NO WARRENTIES OR GUARANTIES, Bowmanville Zoo DISCLAIMS ALL WARRENTIES, IMPLIED OR EXPRESS, OF ANY KIND OR NATURE, PERTAINING TO THE PERFORMANCE OF THE ANIMAL(S) LEASED HEREUNDER. CLIENT FURTHER ACKNOWLEDGES AND AGREES THAT NO SUCH WARRENTIES, EXPRESS OR IMPLIED, EXIST AS A PART OF THIS AGREEMENT OR OTHERWISE.
12. USE OF THE ANIMAL'S NAME OR LIKENESS. Unless otherwise agreed, no animal leased hereunder shall be designated by name, either its own name or other name which has been associated with it, and Client shall not have the right to use the name or likeness of said leased animal(s) in any form or fashion whatsoever.
13. SCREEN CREDITS. Client hereby agrees to give Bowmanville Zoo the following described screen credits.
( X ) none( ) ______
14. DEFAULT. In the event Client shall default upon any terms of the terms and covenants of this agreement, Client hereby stipulates and agrees that it will pay to Bowmanville Zoo all costs of collection and/or expenses incurred in enforcing this agreement, including reasonable outside attorney's fees, whether or not suit is actually filed.
15, MISCELLANEOUS.
(a) If client makes any payment of any amount less the due hereunder, Bowmanville Zoo may, without notice, accept the same as payment on account; Bowmanville Zoo shall not be bound by any notation on any cheque or other form of payment nor any statement in any accompanying letter.
(b) No failure on the part Bowmanville Zoo to enforce any covenant or provision herein contained nor any waiver of any right hereunder by Bowmanville Zoo, unless so stated in writing, shall discharge, modify or invalidate such covenant or provision or any part of this agreement or affect the right of Bowmanville Zoo to enforce the same in the event of any subsequent breach or default.
(c) Time is of the essence of this agreement.
(d) The terms of this agreement shall be binding upon the parties, their heirs, successors, and executors and assigns.
(e) This writing shall constitute the entire contract and agreement between the parties and shall not be altered or modified except by a writing signed by both parties.
(f) This contract is nonassignable. Notwithstanding the foregoing, Client shall have the unrestricted right to assign its rights in and to the photography and recordings made hereunder to its parent and affiliated companies.
DATED this ______day of ______. 20______.
By ______
Client______
(The undersigned warrants the he has express authority to represent and contract for Client)
By______
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